Opinion
No. 09-08-370 CV
Opinion Delivered October 2, 2008.
Original Proceeding.
Before GAULTNEY, KREGER, and HORTON, JJ.
MEMORANDUM OPINION
Billy Ray Pennington, an inmate in the Correctional Institutions Division of the Texas Department of Criminal Justice, seeks mandamus relief to compel the Montgomery County District Clerk and the Montgomery County District Attorney's Office to respond to his motion seeking transcripts and "all trial records." We deny the petition.
As an intermediate appellate court, our power to issue a writ of mandamus does not extend to the district clerk or to the district attorney's office unless the relator establishes that the writ must issue to enforce our jurisdiction. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004). The relator has not shown that the requested relief is necessary to enforce our jurisdiction; therefore, relator has failed to demonstrate that he is entitled to the relief sought. See id. Accordingly, we deny the petition for writ of mandamus.
Relator's petition does not reflect that he has requested a hearing on the motion that he represents he filed with the trial court on August 13, so we are unable to determine whether he has requested relief in the appropriate forum. Regardless, we do not have jurisdiction to compel the district clerk or the district attorney to provide the records at issue.
PETITION DENIED.