in Re Billy Booker

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-21-00178-CR

IN RE BILLY BOOKER

Original Proceeding

From the 413th District Court Johnson County, Texas

Trial Court No. F48257

MEMORANDUM OPINION

Relator’s “Plaintiff’s Original Application for Writ of Mandamus” was filed on July 27, 2021. Relator’s request for mandamus relief against the Honorable William Bosworth, judge of the 414th District Court, is denied.

Further, we do not have mandamus jurisdiction to compel the district clerk or the district attorney to take any action except in rare circumstances which are not present here. See TEXAS GOV'T CODE § 22.221(a), (b); see also In re Simmonds, 271 S.W.3d 874, 879 (Tex. App.—Waco 2008, orig. proceeding). Accordingly, relator’s request for mandamus relief against the Johnson County District Clerk and District Attorney is dismissed.

TOM GRAY

Chief Justice

Before Chief Justice Gray, Justice Johnson, and Justice Rose 1 Petition denied in part and dismissed in part Opinion delivered and filed August 4, 2021 Do not publish [OT06]

1 The Honorable Jeff Rose, Former Chief Justice of the Third Court of Appeals, sitting by assignment of the Chief Justice of the Texas Supreme Court. See TEX. GOV'T CODE §§ 74.003, 75.002, 75.003. In re Booker Page 2