in Re: Kendrick Lamont Johnson

• Court: Court of Appeals of Texas
• Decided: February 23, 2018
• Docket: 05-18-00151-CV
• Status: Published

Opinion

Dismissed w.o.j. and Opinion Filed February 23, 2018

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00151-CV

IN RE KENDRICK LAMONT JOHNSON, Relator

Original Proceeding from the Criminal District Court No. 5 Dallas County, Texas Trial Court Cause No. F13-58098

MEMORANDUM OPINION Before Justices Lang, Myers, and Whitehill Opinion by Justice Myers In this original proceeding, relator seeks a writ of mandamus directing Felicia Pitre, Dallas

County District Clerk, to transmit to the Texas Court of Criminal Appeals a motion for discovery

purportedly filed by relator for filing in the trial court.

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 § 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 Simpson, 997 S.W.2d 939, 939 (Tex. App.—Waco

1999, orig. proceeding) (dismissing petition for writ of mandamus that sought a writ compelling

district clerk to accept a motion for filing). Relator has no appeal pending in this Court and,

therefore, our jurisdiction is not in jeopardy. As such, we lack writ jurisdiction over the district

clerk. See, e.g., In re Reese, No. 05-17-00607-CV, 2017 WL 2610039, at *1 (Tex. App.—Dallas

June 16, 2017, orig. proceeding) (dismissing proceeding seeking writ against district clerk for refusing to file documents). Accordingly, we dismiss relator’s petition for writ of mandamus for

want of jurisdiction.

/Lana Myers/ LANA MYERS JUSTICE

180151F.P05

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