Opinion
No. 10-08-00112-CR
April 16, 2008. DO NOT PUBLISH.
Original Proceeding. Petition dismissed.
Before Chief Justice GRAY, JUSTICE VANCE, and JUSTICE REYNA.
MEMORANDUM OPINION
William D. Shannon seeks a writ of mandamus compelling Respondent, the Honorable Robin Flowers, District Clerk of Walker County, to file pleadings he has tendered in connection with: (1) postconviction habeas proceedings under Chapter 11 of the Code of Criminal Procedure; and (2) asset forfeiture proceedings under Chapter 59 of the Code of Criminal Procedure. We will dismiss Shannon's request for mandamus relief. This Court does not have jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce our jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a), (b) (Vernon 2004); In re Washington, 7 S.W.3d 181, 182 (Tex.App.-Houston [1st Dist.] 1999, orig. proceeding) (per curiam); see also HCA Health Servs. of Tex., Inc. v. Salinas, 838 S.W.2d 246, 248 (Tex. 1992) (orig. proceeding) (per curiam); In re Simpson, 997 S.W.2d 939, 939 (Tex.App.-Waco 1999, orig. proceeding) (per curiam). The relief sought by Shannon is not necessary to enforce this Court's jurisdiction. Therefore, because this Court does not have jurisdiction to issue a writ of mandamus against the district clerk, we dismiss Shannon's petition for want of jurisdiction. See In re McAfee, 54 S.W.3d 460, 461 (Tex.App.-Waco 2001, orig. proceeding) (per curiam).
Shannon is not necessarily without a remedy. See In re Bernard. 993 S.W.2d 453, 454-55 (Tex.App.-Houston [1st Dist.] 1999, orig. proceeding) (O'Connor, J., concurring)).