Opinion
NO. 01-16-00993-CR
04-06-2017
IN RE KENNETH W. JEROME, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Kenneth W. Jerome, incarcerated and proceeding pro se, has filed a petition for a writ of mandamus, seeking to compel the Harris County District Clerk to transmit relator's "Chapter 64.01 Motion" to the trial court and provide notice of proceedings relating to that motion to relator.
Relator's petition identifies the underlying proceeding as The State of Texas v. Kenneth W. Jerome, Cause No. 1233728, in the 263rd District Court of Harris County, Texas, the Honorable Jim Wallace 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 jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a)-(b) (Vernon 2004). Thus, we have no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce our jurisdiction. See id.; In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding). Because relator's petition does not reflect that issuance of a writ is necessary to enforce our jurisdiction, we do not have jurisdiction to issue a writ of mandamus against the district clerk. See In re Washington, 7 S.W.3d at 182.
Accordingly, we dismiss the petition for lack of jurisdiction.
PER CURIAM Panel consists of Justices Jennings Higley, and Massengale. Do not publish. TEX. R. APP. P. 47.2(b).