in Re Henry T. Garland Jr.

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-18-00820-CR

IN RE HENRY T. GARLAND Jr.

Original Mandamus Proceeding 1 PER CURIAM

Sitting: Karen Angelini, Justice Patricia O. Alvarez, Justice Irene Rios, Justice

Delivered and Filed: November 7, 2018 PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION Relator filed a pro se petition for writ of mandamus in which he asks this court to compel the Bexar County Clerk to forward his writs of habeas corpus to this court for a ruling.

This court does not have jurisdiction to issue a writ of mandamus against a district or county clerk unless it is necessary to enforce our own jurisdiction. TEX. GOV’T CODE ANN. § 22.221(a) (court of appeals may only issue writ of mandamus against district and county judges or as necessary to enforce jurisdiction of appellate court); In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, orig. proceeding). Relator does not have an appeal pending in this

1 This proceeding arises out of Cause No. 789989; 789991; 792091; 792093, styled The State of Texas v. Henry T. Garland, Jr., pending in the County Court at Law No. 9, Bexar County, Texas, the Honorable Walden Shelton presiding.

04-18-00820-CR

court; therefore, our jurisdiction is not in jeopardy. Accordingly, we dismiss relator’s petition for writ of mandamus for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH