Opinion
No. 05-16-00322-CV No. 05-16-00323-CV
04-05-2016
IN RE SENRICK WILKERSON, Relator
Original Proceeding from the Criminal District Court No. 3 Dallas County, Texas
Trial Court Cause No. F10-01183, F10-01184
MEMORANDUM OPINION
Before Justices Francis, Fillmore, and Stoddart
Opinion by Justice Stoddart
In this petition for writ of mandamus, relator requests that the Court order the trial court to rule on his motion for judgment nunc pro tunc filed on March 20, 2016. He also requests that we order the Dallas County district clerk's office to forward an original copy of his arrest reports to him.
Relator's request that we order the trial court to rule is premature. In re Blakeney, 254 S.W.3d 659, 661 (Tex. App.—Texarkana 2008, orig. proceeding) (noting trial courts are entitled to a reasonable time in which to rule). Absent circumstances not present in this case, we have no jurisdiction to order the district clerk to send documents to relator. See TEX. GOV'T CODE ANN. § 22.221(a), (b) (West 2004); In re Simpson, 997 S.W.2d 939, 939 (Tex. App.-Waco 1999, orig. proceeding) ("The Government Code does not confer mandamus jurisdiction over District Clerks upon the courts of appeals.").
We deny the petition for writ of mandamus to the extent it seeks an order requiring the trial judge to rule on the motion for judgment nunc pro tunc and dismiss the petition for want of jurisdiction to the extent it seeks relief against the district clerk.
/Craig Stoddart/
CRAIG STODDART
JUSTICE 160322F.P05