in Re Juan Manuel Marquez

• Court: Court of Appeals of Texas
• Decided: October 20, 2010
• Docket: 10-10-00362-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-10-00362-CR

IN RE JUAN MANUEL MARQUEZ

Original Proceeding

MEMORANDUM OPINION

Juan Manuel Marquez seeks a writ of mandamus compelling Respondent, the

Honorable David R. Lloyd, District Clerk of Johnson County, to transmit certain records

to the trial court.1 However, this Court can issue a writ of mandamus against a district

clerk only when necessary to protect or enforce our jurisdiction. See TEX. GOV’T CODE

ANN. §§ 22.221(a) (Vernon 2004); In re Simmonds, 271 S.W.3d 874, 879 (Tex. App.—Waco

1 We apply Rule of Appellate Procedure 2 and disregard numerous deficiencies in Marquez’s mandamus petition and the accompanying motion for leave to file the mandamus petition, including his failure to serve copies of these documents on Respondent or the prosecutor. See TEX. R. APP. P. 2. 2008, orig. proceeding). The relief Marquez seeks does not impact our jurisdiction.

Accordingly, we deny his mandamus petition.2

FELIPE REYNA Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Petition denied Opinion delivered and filed October 20, 2010 Do not publish [OT06]

2 We dismiss the motion for leave to file the mandamus petition as moot because such a motion is not required under the current appellate rules. See TEX. R. APP. P. 52 cmt.; In re McGee, 213 S.W.3d 405, 406 n.2 (Tex. App.—Houston [1st Dist.] 2006, orig. proceeding) (per curiam).

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