Opinion
No. 10-10-00069-CV
Opinion delivered and filed March 10, 2010.
Original Proceeding.
Petition dismissed.
Before Chief Justice GRAY, Justice REYNA, and Justice DAVIS.
MEMORANDUM OPINION
Relator Patrick Lee Mullins has filed a petition for writ of mandamus against Robyn Flowers, the District Clerk of Walker County, complaining about her refusal to file his civil lawsuit.
Mullins tendered the originals of his petition and exhibits. Because of our disposition, we direct the Clerk of the Court to return these originals to Mullins.
A court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk except to protect its jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(b) (Vernon 2004) ; In re Bernard, 993 S.W.2d 453, 454 (Tex. App.-Houston 1999, orig. proceeding). We do not have jurisdiction to decide Mullins's petition for writ of mandamus against the District Clerk. We thus dismiss the petition for want of jurisdiction.
We recently wrote:
When a district clerk refuses to accept a pleading for filing, the party should attempt to file the pleading directly with the district judge, explaining in a verified motion that the clerk refused to accept the pleading for filing. TEX. R. CIV. P. 74. Should the district judge refuse to accept the pleading for filing, this Court would have jurisdiction under our mandamus power to direct the district judge to file the pleading.
In re Simmonds, 271 S.W.3d 874, 883 (Tex. App.-Waco 2008, orig. proceeding) (quoting Bernard, 993 S.W.2d at 455 (O'Connor, J., concurring)).