Opinion
No. 05-17-00611-CV
06-15-2017
On Appeal from Justice of the Peace 1-1 Dallas County, Texas
MEMORANDUM OPINION
Before Justices Francis, Brown, and Whitehill
Opinion by Justice Brown
Before the Court is relator's June 6, 2017 petition for writ of mandamus in which he asks this Court to issue a writ of mandamus against the civil clerk of the Dallas County Justice Court for Precinct 1 Place 1. Relator contends the clerk refused to file an original civil complaint and "various time-sensitive motions."
This Court does not have writ jurisdiction over a court 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); see also 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.
/Ada Brown/
ADA BROWN
JUSTICE 170611F.P05