in Re Donald Edward Berry

Opinion

Opinion issued January 26, 2012.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-11-00855-CR

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In re donald edward berry, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Donald Edward Berry, has filed, pro se, a petition for writ of mandamus, asking that we order respondent, the Harris County District Clerk, to provide him with documents from court records related to his post conviction writ of habeas corpus. 

This Court has mandamus jurisdiction against a district court judge or county court judge in our district, and we may issue all writs necessary to enforce our jurisdiction.  See Tex. Gov’t Code Ann. § 22.221 (Vernon 2004).  We have no authority to issue a writ of mandamus against a district clerk except to protect our jurisdiction.  In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, orig. proceeding).  Relator has not shown that the issuance of a writ of mandamus is necessary to enforce this Court’s jurisdiction.

According to the petition, the documents that relator requested from respondent are for use in a post-conviction proceeding for a writ of habeas corpus. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon 2005).  We have no authority to issue writs of mandamus in criminal law matters pertaining to habeas corpus proceedings in which relief is sought from a final felony judgment. That jurisdiction lies exclusively with the Texas Court of Criminal Appeals.  See Bd. of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); In re McAfee, 53 S.W.3d 715, 717–18 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding).

Accordingly, we dismiss the petition for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Jennings, Sharp, and Brown.

Do not publish.  Tex. R. App. P. 47.2(b).