From Casetext: Smarter Legal Research

In re Cuellar

State of Texas in the Eleventh Court of Appeals
Feb 8, 2018
No. 11-18-00040-CR (Tex. App. Feb. 8, 2018)

Opinion

No. 11-18-00040-CR

02-08-2018

IN RE JAIME MENDEZ CUELLAR


Original Mandamus Proceeding

MEMORANDUM OPINION

Relator, Jaime Mendez Cuellar, has filed a pro se petition for writ of mandamus in this court. He requests that we require the district clerk of the 118th District Court in Howard County to remove her name from a "negative list" relating to inmate mail. Relator asserts that he wants to file a writ of habeas corpus and that the district clerk is denying Relator access to the courts. We dismiss Relator's petition for want of jurisdiction.

A court of appeals has no general writ power over a person other than a judge of a district or county court unless issuance of the writ is necessary to enforce the jurisdiction of the court of appeals. See TEX. GOV'T CODE ANN. § 22.221 (West Supp. 2017). A court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce the court's jurisdiction. In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding). Relator has not shown that a writ of mandamus directed to the district clerk is necessary to enforce this court's jurisdiction. Therefore, we do not have jurisdiction to issue a writ of mandamus against the district clerk.

Relator's petition is dismissed for want of jurisdiction.

PER CURIAM February 8, 2018 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Willson, J.,
Bailey, J., and Wright, S.C.J.

Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.


Summaries of

In re Cuellar

State of Texas in the Eleventh Court of Appeals
Feb 8, 2018
No. 11-18-00040-CR (Tex. App. Feb. 8, 2018)
Case details for

In re Cuellar

Case Details

Full title:IN RE JAIME MENDEZ CUELLAR

Court:State of Texas in the Eleventh Court of Appeals

Date published: Feb 8, 2018

Citations

No. 11-18-00040-CR (Tex. App. Feb. 8, 2018)