Opinion
No. 06-18-00091-CR
05-31-2018
IN RE RUSTY R. JOHNSON
Original Mandamus Proceeding Before Morriss, C.J., Moseley and Burgess, JJ.
MEMORANDUM OPINION
Rusty R. Johnson, filed a petition for writ of mandamus complaining of the Hopkins County District Clerk's alleged failure "to transmit a copy of [his] motion to obtain documents and trial records in forma pauperis" that he placed in the prison mailbox on April 2, 2018. There is no record attached to Johnson's petition.
This Court has limited mandamus jurisdiction. We may issue a writ of mandamus only against a judge of a district or county court in the court of appeals district. TEX. GOV'T CODE ANN. § 22.221(b) (West Supp. 2017). That jurisdiction does not extend to other parties, such as district attorneys or district clerks, unless such mandamus relief would be necessary to enforce our jurisdiction. TEX. GOV'T CODE ANN. § 22.221(a) (West Supp. 2017).
Johnson seeks a writ of mandamus against a district clerk. We lack mandamus jurisdiction over the Hopkins County District Clerk, and we find no present circumstance which would make a writ of mandamus issued against the clerk necessary to enforce our jurisdiction. Lacking jurisdiction, we dismiss Johnson's petition.
Josh R. Morriss, III
Chief Justice Date Submitted: May 30, 2018
Date Decided: May 31, 2018 Do Not Publish