in Re Brittany L. Franklin

• Court: Court of Appeals of Texas
• Decided: September 24, 2014
• Docket: 09-14-00370-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont __________________

NO. 09-14-00370-CR __________________

IN RE BRITTANY L. FRANKLIN

__________________________________________________________________

Original Proceeding __________________________________________________________________

Relator Brittany L. Franklin filed a petition for writ of mandamus, in which

she asks this Court to compel the district clerk to transmit a copy of Franklin’s

application for writ of habeas corpus, any answer filed, and a certificate “reciting

the date upon which that finding was made” to the Court of Criminal Appeals.

The district clerk is not a person against whom we may issue a writ of

mandamus other than to enforce our jurisdiction. See Tex. Gov’t Code Ann. §

22.221(a), (b) (West 2004). Franklin has not shown that issuance of a writ against

the district clerk is necessary to enforce our jurisdiction. See In re Pennington, No.

09-08-370 CV, 2008 WL 4425521, at *1 (Tex. App.—Beaumont Oct. 2, 2008,

orig. proceeding) (mem. op.).

1 Franklin has not demonstrated that she is entitled to mandamus relief from

this Court. See State ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d

924, 927 (Tex. Crim. App. 2001). Accordingly, we deny relief on the petition for

writ of mandamus.

PETITION DENIED.

PER CURIAM

Submitted on September 23, 2014 Opinion Delivered September 24, 2014 Do Not Publish

Before McKeithen, C.J., Kreger and Johnson, JJ.