Opinion
NO. 01-18-00100-CR
02-15-2018
IN RE MELVIN SMITH, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Melvin Smith, acting pro se, has filed a petition for a writ of mandamus seeking to compel the respondent, the Harris County District Clerk, to transmit a copy of his motions and answers to the district court, and to certify to relator when they were sent, in the underlying proceeding.
The petition reflects that the underlying case is The State of Texas v. Melvin Smith, Cause No. 1483238, pending in the 351st District Court, Harris County, Texas, the Honorable George Powell presiding.
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 2017). Here, because this petition is directed at the district clerk, and not a trial court judge, and relator does not show that the relief he requests is necessary to enforce our appellate jurisdiction, we lack jurisdiction to issue the writ. See id.; cf. In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding) (granting mandamus relief to compel district clerk to forward notice of appeal to appellate court to enforce appellate jurisdiction).
Accordingly, we dismiss the petition for lack of jurisdiction.
PER CURIAM Panel consists of Justices Jennings, Keyes, and Higley. Do not publish. TEX. R. APP. P. 47.2(b).