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In re Johnson

Court of Appeals Fifth District of Texas at Dallas
Jul 21, 2017
No. 05-17-00811-CV (Tex. App. Jul. 21, 2017)

Opinion

No. 05-17-00811-CV

07-21-2017

IN RE KAMAURIS DEVONTAY JOHNSON, Relator


Original Proceeding from the 291st Judicial District Court Dallas County, Texas
Trial Court Cause No. F11-72084-U

MEMORANDUM OPINION

Before Justices Lang-Miers, Evans, and Stoddart
Opinion by Justice Evans

Before the Court is relator's July 12, 2017 petition for writ of mandamus in which relator asks the Court to direct Dallas District Clerk Felicia Pitre to transfer certain documents to the Texas Court of Criminal Appeals.

This Court does not have jurisdiction to issue a writ of mandamus against a district clerk unless it is necessary to enforce our own jurisdiction. TEX. GOV'T CODE ANN. § 22.221(a) (West 2004) (court of appeals may only issue writ of mandamus against district and county judges or as necessary to enforce jurisdiction of appellate court); In re Wilkerson, No. 05-16-00322-CV, 2016 WL 1320815, at *1 (Tex. App.—Dallas Apr. 5, 2016, orig. proceeding) (citing In re Simpson, 997 S.W.2d 939, 939 (Tex. App.—Waco 1999, orig. proceeding)). Relator has no appeal pending in this Court and, therefore, our jurisdiction is not in jeopardy. Accordingly, we dismiss relator's petition for writ of mandamus for want of jurisdiction. 170811F.P05

/s/David Evans/

DAVID EVANS

JUSTICE


Summaries of

In re Johnson

Court of Appeals Fifth District of Texas at Dallas
Jul 21, 2017
No. 05-17-00811-CV (Tex. App. Jul. 21, 2017)
Case details for

In re Johnson

Case Details

Full title:IN RE KAMAURIS DEVONTAY JOHNSON, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jul 21, 2017

Citations

No. 05-17-00811-CV (Tex. App. Jul. 21, 2017)