Opinion
NO. 01-18-01102-CR
12-20-2018
IN RE LONNIE H. RECTOR, JR., Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Lonnie H. Rector, Jr., incarcerated and proceeding pro se, has filed a petition for writ of mandamus seeking to compel the respondent, the district clerk of Harris County, to transmit his motion for nunc pro tunc to the Court of Criminal Appeals in the underlying proceeding. However, this Court's mandamus jurisdiction is limited to: (1) issuance of writs of mandamus against a district court judge, statutory county judge, statutory probate county judge, county court judge, district court judge acting as a magistrate at a court of inquiry under Chapter 52 of the Texas Code of Criminal Procedure, or an associate judge appointed under Chapter 201 of the Texas Family Code, in this Court's district, and (2) issuance of writs of mandamus necessary to enforce our appellate jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a)-(b) (West 2004 & Supp. 2018). Because relator's petition is directed at the district clerk, not the district judge, and does not indicate that issuance of a writ is necessary to enforce our appellate jurisdiction, we lack jurisdiction to issue the writ. See id. at § 22.221(a), (b)(1).
The underlying case is The State of Texas v. Lonnie Henry Rector, Jr., Cause No. 714415, pending in the 262nd Judicial District Court of Harris County, Texas, the Honorable Denise Bradley presiding.
Accordingly, relator's petition is dismissed for want of jurisdiction.
PER CURIAM Panel consists of Justices Higley, Lloyd, and Caughey. Do not publish. TEX. R. APP. P. 47.2(b).