Opinion
NO. 01-17-00239-CR
04-25-2017
IN RE DEVIN PAUL COLE, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Devin Paul Cole, has filed a complaint seeking to compel the respondent Harris County District Clerk to forward his pro se pre-trial habeas corpus application, seeking release on bond, to the trial court in the underlying proceeding. We construe relator's complaint as a petition for a writ of mandamus, but dismiss it for want of jurisdiction.
The underlying case is The State of Texas v. Devin Paul Cole, Cause No. 1527907, 338th District Court, Harris County, Texas, the Honorable Ramona Franklin presiding.
This Court's mandamus jurisdiction is limited to: (1) issuance of writs of mandamus against a district court judge or county court judge in this Court's district, and (2) issuance of writs of mandamus necessary to enforce our appellate jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a)-(b) (West 2004). Because relator's petition is directed at the district clerk, not the trial judge, and does not indicate that issuance of a writ is necessary to enforce our appellate jurisdiction, we lack jurisdiction to issue the writ. See id. at § 22.221(a), (b)(1).
Accordingly, we dismiss the petition for writ of mandamus for want of jurisdiction.
PER CURIAM Panel consists of Justices Jennings, Higley, and Massengale. Do not publish. TEX. R. APP. P. 47.2(b).