in Re Bradley Barton

CourtCourt of Appeals of Texas
DecidedJanuary 24, 2019
Docket01-18-01130-CV
StatusPublished

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Bluebook
in Re Bradley Barton, (Tex. Ct. App. 2019).

Opinion

Opinion issued January 24, 2019

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-18-01130-CV ——————————— IN RE BRADLEY BARTON, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Bradley Barton, incarcerated and acting pro se, has filed a petition for

writ of mandamus requesting that we compel the Harris County District Clerk to

provide copies of orders issued by the district court.1 This Court’s mandamus

jurisdiction is limited to writs of mandamus against certain judges within its district

1 The underlying case is Office of the Attorney General v. Bradley Jared Barton, cause number 2017-83864, pending in the 309th District Court of Harris County, Texas, the Honorable Linda Marie Dunson presiding. and writs necessary to enforce the Court’s jurisdiction. See TEX. GOV’T CODE §

22.221(a)–(b). We thus have no jurisdiction to issue a writ of mandamus against a

district clerk unless necessary to enforce our jurisdiction. See id.; In re Smith, 263

S.W.3d 93, 95 (Tex. App.—Houston [1st Dist.] 2006, orig. proceeding). Because

relator’s petition does not indicate that issuance of a writ is necessary to enforce our

appellate jurisdiction, we lack jurisdiction to issue a writ of mandamus against the

district clerk.2 Accordingly, relator’s petition is dismissed for want of jurisdiction.

PER CURIAM

Panel consists of Justices Keyes, Higley, and Landau.

2 Relator’s complaint regarding failure to receive district court orders should be directed to the district court judge. 2

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Related

In Re Smith
263 S.W.3d 93 (Court of Appeals of Texas, 2006)

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Bluebook (online)
in Re Bradley Barton, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bradley-barton-texapp-2019.