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In re Moore

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Oct 30, 2019
No. 10-19-00369-CR (Tex. App. Oct. 30, 2019)

Opinion

No. 10-19-00369-CR

10-30-2019

IN RE MICHAEL ANTHONY MOORE


Original Proceeding

MEMORANDUM OPINION

Relator, Michael Anthony Moore, has filed a petition for writ of mandamus seeking to compel Brazos County District Clerk Gabriel Garcia to provide him with various documents from his criminal trial, including an "affidavit in support of felony information," a "waiver of indictment," a "felony of information," an "arrest warrant," "docket sheets," and "criminal docket sheets." A court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk, except to protect or enforce its jurisdiction. See TEX. GOV'T CODE ANN. § 22.221 (West 2004); In re Simmonds, 271 S.W.3d 874, 879 (Tex. App.—Waco 2008, orig. proceeding). We do not have jurisdiction to decide Moore's mandamus proceeding against the district clerk. See TEX. GOV'T CODE ANN. § 22.221; see also In re Simmonds, 271 S.W.3d at 879. Accordingly, we dismiss Moore's mandamus petition for want of jurisdiction.

JOHN E. NEILL

Justice Before Chief Justice Gray, Justice Davis, and Justice Neill
Petition dismissed
Opinion delivered and filed October 30, 2019
Do not publish
[OT06]


Summaries of

In re Moore

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Oct 30, 2019
No. 10-19-00369-CR (Tex. App. Oct. 30, 2019)
Case details for

In re Moore

Case Details

Full title:IN RE MICHAEL ANTHONY MOORE

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Oct 30, 2019

Citations

No. 10-19-00369-CR (Tex. App. Oct. 30, 2019)