Opinion
04-22-00835-CV
12-21-2022
IN RE Jack Lee KING
Original Proceeding
Sitting: Rebeca C. Martinez, Chief Justice, Beth Watkins, Justice, Lori I. Valenzuela, Justice
MEMORANDUM OPINION
PER CURIAM.
On December 12, 2022, relator Jack Lee King filed a petition for a writ of mandamus seeking to compel the District Clerk of Bexar County, Texas to file his original petition for determination of heirship and his motion for leave to proceed in forma pauperis. This court has the authority to issue a writ of mandamus "against a judge of a district or county court in the court of appeals district and other writs as necessary to enforce our appellate jurisdiction." In re Lann, No. 04-04-00564-CV, 2004 WL 1881751, at *1 (Tex. App.-San Antonio Aug. 25, 2004, orig. proceeding) (mem. op.) (citing Tex. Gov't Code Ann. § 22.221) (internal quotations omitted). However, "[w]e have no mandamus jurisdiction over district clerks unless it is shown the issuance of the writ is necessary to enforce our jurisdiction." In re Lopez, No. 04-03-00820-CV, 2003 WL 22658158, at *1 (Tex. App.-San Antonio Nov. 12, 2003, orig. proceeding) (mem. op.). King has made no showing that a writ of mandamus is necessary here to enforce this court's jurisdiction.
After considering the petition and this record, this court concludes it is without jurisdiction over this petition. See TEX. GOV'T CODE ANN. § 22.221. Accordingly, the petition for writ of mandamus is dismissed. King's motion for leave to invoke Texas Rule of Appellate Procedure 2 is dismissed as moot.