in Re Eusebio Torres

Opinion

Opinion issued January 19, 2012.

In The

Court of Appeals

For The

First District of Texas

————————————

NO. 01-11-01128-CR

———————————

In re Eusebio Torres, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

          Relator Eusebio Torres has petitioned this Court for a writ of mandamus, complaining that the Harris County District Clerk refuses to provide him with copies of the evidence presented in the underlying case.[1] 

This Court’s mandamus jurisdiction is governed by the Texas Government Code.  Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to:  (1) writs necessary to enforce the jurisdiction of the courts of appeals and (2) writs against specified district or county court judges in the court of appeals’ districts.  See Tex. Gov’t Code Ann. § 22.221(a), (b) (West 2004).  We have no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce our jurisdiction.  See In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1991, orig. proceeding).  Because relator’s petition does not raise any threat to our jurisdiction, we dismiss the petition for want of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Higley and Brown.

Do not publish.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

---

[1]           Relator has identified the underlying case as State v. Torres, No. 12720700, in the 248th District Court of Harris County, Texas, the Honorable Joan Campbell presiding.