in Re Glenn F. Smith

Court of Appeals of Texas·Decided July 1, 2011·No. 01-11-00472-CV·Published

Opinion

Opinion issued July 1, 2011

In The

Court of Appeals

For The

First District of Texas

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NO. 01-11-00472-CV

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in re Glenn F. Smith, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

          Relator, Glenn F. Smith, has filed a pro se “Petition for Relief from Litigants,” which we construe as a petition for writ of mandamus, complaining that he has not been provided with copies of “current docket sheets on filed pleadings” and has been “fully and unfairly impeded [in] obtaining disposition on filed pleadings in the underlying case.”[1]  The petition names as respondents the Galveston County District Clerk and the Court Coordinator for the 405th District Court of Galveston County. 

          This Court’s mandamus jurisdiction is governed by the Texas Government Code.  Section 22.221(b) expressly limits the mandamus jurisdiction of the courts of appeals to:  (1) writs necessary to enforce the jurisdiction of the court of appeals and (2) writs against specified district or county court judges in the court of appeals district.  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 or a court coordinator unless necessary to enforce our jurisdiction.  See id. § 22.221(a), (b); see also In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding).  Relator’s petition does not raise an issue regarding the need to protect, or a threat to, our jurisdiction. 

Accordingly, we dismiss relator’s petition for lack of jurisdiction, and we dismiss all outstanding motions as moot.    

PER CURIAM

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



[1]           Relator has identified the underlying case as Glenn Floyd Smith v. Clement Aldridge, Jr., No. 09-CV-0009, in the 405th District Court of Galveston County, Texas.

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Related

In Re Washington
7 S.W.3d 181 (Court of Appeals of Texas, 1999)