Summary
dismissing proceeding seeking writ against district clerk for refusing to file documents
Summary of this case from In re LopezOpinion
No. 05-17-00607-CV
06-16-2017
IN RE RODERICK L. REESE, Relator
Original Proceeding from Dallas County, Texas
MEMORANDUM OPINION
Before Justices Francis, Brown, and Whitehill
Opinion by Justice Francis
Before the Court is relator's June 6, 2017 petition for writ of mandamus in which he asks this Court to issue a writ against Felicia Pitre, Dallas County District Clerk. Relator contends that Pitre has refused to file certain unspecified documents.
This Court does not have writ jurisdiction over a district clerk unless the clerk is interfering with our appellate jurisdiction. TEX. GOV'T. CODE ANN. § 22.221(a)-(b) (West 2004) (court of appeals may only issue writ of mandamus against district and county judges or as necessary to enforce jurisdiction of appellate court); In re Wilkerson, 05-16-00322-CV, 2016 WL 1320815, at *1 (Tex. App.—Dallas Apr. 5, 2016, orig. proceeding) (citing In re Simpson, 997 S.W.2d 939, 939 (Tex. App.—Waco 1999, orig. proceeding)). No appeal related to relator is pending in this Court and, therefore, our jurisdiction is not in jeopardy.
Accordingly, we dismiss this proceeding for want of jurisdiction.
/Molly Francis/
MOLLY FRANCIS
JUSTICE 170607F.P05