in Re Bradley Barton
This text of in Re Bradley Barton (in Re Bradley Barton) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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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