in Re Calvin Edward Weaver

• Court: Court of Appeals of Texas
• Decided: December 11, 2008
• Docket: 14-08-01097-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed December 11, 2008

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed December 11, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-01097-CR

IN RE CALVIN EDWARD WEAVER, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On December 3, 2008, relator, Calvin Edward Weaver, filed a petition for writ of mandamus this court.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In his petition, relator requests that we compel the Harris County District Clerk to acknowledge that his motion requesting reduction of time of imprisonment, motion for leave of court, and declaration of inability to pay costs have been received for filing and inform relator of whether any action has been taken on his motions. 

A court of appeals has the authority to issue writs of mandamus against a judge of a district or county court in the court of appeals= district and all writs necessary to enforce its jurisdiction.  Tex. Gov=t Code Ann. ' 22.221(b).  For a district clerk to come within our jurisdictional reach, it must be established that the issuance of the writ of mandamus is necessary to enforce our jurisdiction.  In re Jose A. Coronado, 980 S.W.2d 691, 692B93 (Tex. App.CSan Antonio 1998, orig. proceeding).  Relator has not shown that the exercise of our mandamus authority against the Harris County District Clerk is necessary to enforce our jurisdiction.  Therefore, we have no authority to issue a writ of mandamus against the Harris County District Clerk. 

Accordingly, relator=s petition for writ of mandamus is ordered dismissed for lack of jurisdiction.

PER CURIAM

Petition Dismissed and Memorandum Opinion filed December 11, 2008.

Panel consists of Justices Frost, Brown, and Boyce.

Do Not Publish C Tex. R. App. P. 47.2(b).