in Re Marvin Gabriel Holmes

• Court: Court of Appeals of Texas
• Decided: December 23, 2015
• Docket: 09-15-00501-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ___________________

NO. 09-15-00501-CR ___________________

IN RE MARVIN GABRIEL HOLMES __________________________________________________________________

Original Proceeding Criminal District Court of Jefferson County, Texas Trial Cause No. 08-04992-A __________________________________________________________________

MEMORANDUM OPINION

Relator Marvin Gabriel Holmes filed a writ of mandamus, in which he asks

this Court to compel the district clerk to send a file-stamped copy to Holmes of his

motion for judgment nunc pro tunc.

Except in a case in which we are enforcing our jurisdiction, the district clerk

is not a person against whom we may issue a writ of mandamus. See Tex. Gov’t

Code Ann. § 22.221(a), (b) (West 2004); In re Pennington, No. 09-08-370 CV,

2008 WL 4425521, at *1 (Tex. App.—Beaumont Oct. 2, 2008, orig. proceeding)

(mem. op.). Based on the fact alleged in Holmes’ writ, Holmes has not shown that

1 issuing a writ against the district clerk is necessary to enforce our jurisdiction.

Accordingly, Holmes is not entitled to the relief sought. We deny Holmes’ petition

seeking a writ. See Tex. R. App. P. 52.8(a).

PETITION DENIED.

PER CURIAM

Submitted on December 22, 2015 Opinion Delivered December 23, 2015 Do Not Publish

Before Kreger, Horton, and Johnson, JJ.