in Re Charles Anthony Allen, Sr.

• Court: Court of Appeals of Texas
• Decided: June 3, 2010
• Docket: 14-10-00451-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed June 3, 2010.

In The

Fourteenth Court of Appeals

NO. 14-10-00451-CV

In Re Charles Anthony Allen, Sr., Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

MEMORANDUM  OPINION

            On May 20, 2010, relator, Charles Anthony Allen, Sr., filed a petition for writ of mandamus in this Court.  See Tex. Gov’t Code Ann. §22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In the petition, relator asks this Court to compel Gay Wells, Grimes County District Clerk, to file relator’s complaints and motions. 

A court of appeals has no general writ power over a person—other than a judge of a district or county court—unless issuance of the writ is necessary to enforce the court’s jurisdiction.  See Tex. Gov’t Code Ann. § 22.221.  A court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce its jurisdiction.  In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding).  Relator has not shown that a writ of mandamus directed to the district clerk is necessary to enforce our jurisdiction.  Therefore, we do not have jurisdiction to issue a writ of mandamus against the district clerk. 

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

                                                                                    PER CURIAM

Panel consists of Justices Anderson, Frost, and Seymore.