in Re: Kamauris Devontay Johnson

• Court: Court of Appeals of Texas
• Decided: July 21, 2017
• Docket: 05-17-00811-CV
• Status: Published

Opinion

Dismissed w.o.j. and Opinion Filed July 21, 2017.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00811-CV

IN RE KAMAURIS DEVONTAY JOHNSON, Relator

Original Proceeding from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F11-72084-U

MEMORANDUM OPINION Before Justices Lang-Miers, Evans, and Stoddart Opinion by Justice Evans Before the Court is relator’s July 12, 2017 petition for writ of mandamus in which relator

asks the Court to direct Dallas District Clerk Felicia Pitre to transfer certain documents to the

Texas Court of Criminal Appeals.

This Court does not have jurisdiction to issue a writ of mandamus against a district clerk

unless it is necessary to enforce our own jurisdiction. TEX. GOV’T CODE ANN. § 22.221(a) (West

2004) (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 Wilkerson, No. 05-16-00322-CV, 2016

WL 1320815, at *1 (Tex. App.—Dallas Apr. 5, 2016, orig. proceeding) (citing In re Simpson,

997 S.W.2d 939, 939 (Tex. App.—Waco 1999, orig. proceeding)). Relator has no appeal pending in this Court and, therefore, our jurisdiction is not in jeopardy. Accordingly, we dismiss

relator’s petition for writ of mandamus for want of jurisdiction.

170811F.P05 /s/David Evans/ DAVID EVANS JUSTICE

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