Opinion
No. 10-08-00434-CR
Opinion delivered and filed December 23, 2008. DO NOT PUBLISH.
Original Proceeding. Petition dismissed.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Relator seeks a writ of mandamus against the District Clerk and District Attorney of Ellis County relating to their alleged failure to issue a bench warrant on Relator's motion. The petition for writ of mandamus lacks proof of service. See TEX. R. APP. P. 9.5 (a), (d). We use Rule 2 to suspend the service requirement of Rule 9.5 and proceed to the merits of the mandamus. TEX. R. APP. P. 2, 9.5. A court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk or district attorney except to protect its jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a) (Vernon 2004); In re Bernard, 993 S.W.2d 453, 454 (Tex.App.-Houston [1st Dist.] 1999, orig. proceeding). Relator's petition does not allege facts that require us to protect our jurisdiction, so we do not have jurisdiction to decide his request for mandamus relief against the District Clerk or District Attorney. We dismiss the petition for want of jurisdiction.