in Re Charles R. Blake

• Court: Court of Appeals of Texas
• Decided: May 25, 2022
• Docket: 10-22-00148-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-22-00148-CV

IN RE CHARLES R. BLAKE

Original Proceeding ______________

From the 380th District Court Collin County, Texas Trial Court No. 380-51262-2012

MEMORANDUM OPINION

As best we can tell from the cryptic description provided in what we have

designated as a petition for writ of mandamus, filed by the Clerk of this Court on May 10,

2022, Charles R. Blake seems to be seeking assistance from this Court to compel the

District Clerk of Collin County, the 380th District Court of Collin County, or the Fifth

Court of Appeals in Dallas, Texas, to file his pleadings for the purpose of holding the

mother of his child to be in contempt and for enforcement of a prior court order.

In his petition, Blake gives various dates he has sent requests to the trial court and

clerk, as well as other dates he sent requests to the Fifth Court of Appeals. He alleges that

their refusal to accept his tendered filings is a violation of his "constitutional rights and [his] legal rights per a court order." Blake asserts that because the case originated in a

trial court in the Tenth Court of Appeals district, we have jurisdiction to grant relief. We

disagree.

We do not have mandamus jurisdiction to compel a district clerk to take any action

except in rare circumstances which are not present here. See TEX. GOV'T CODE § 22.221(a),

(b); see also In re Simmonds, 271 S.W.3d 874, 879 (Tex. App.—Waco 2008, orig. proceeding).

More importantly, this Court has no jurisdiction to compel any court or clerk outside this

Court’s district to do any act. See TEX. GOV'T CODE § 22.201(k). Neither Collin County

nor the Fifth Court of Appeals is within our district. Id.

Accordingly, Blake’s petition for writ of mandamus is dismissed for want of

jurisdiction.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Petition dismissed Opinion delivered and filed May 25, 2022 [OT06]

In re Blake Page 2