in Re: Mauricio Antonio Cabrera

Opinion

DISMISS; and Opinion Filed September 29, 2015.

S

Court of Appeals

In The

Fifth District of Texas at Dallas No. 05-15-01106-CV

IN RE MAURICIO ANTONIO CABRERA, Relator

Original Proceeding from the 195th Judicial District Court Dallas County, Texas

Trial Court Cause No. F-1057867-N

MEMORANDUM OPINION

Before Justices Lang-Miers, Stoddart, and Whitehill Opinion by Justice Lang-Miers Relator filed this original proceeding requesting that the Court order the district clerk to

provide him with copies of certain documents related to his conviction so that he can prepare his petition for writ of habeas corpus. This Court lacks jurisdiction over relator’s petition. The Court's power to grant writs in original proceedings is conferred by section 22.221 of the Texas Government Code. Because the Dallas County district clerk is not a judge, the district clerk falls within our writ jurisdiction only to the extent necessary to enforce our jurisdiction in another proceeding. See TEX. GOV’T CODE ANN. § 22.221(a), (b) (West 2004) (writ power). There is no appeal pending in this Court regarding relator’s conviction and this Court does not have jurisdiction over post-conviction habeas corpus proceedings. See TEX. CODE CRIM. P. ANN. art. 11.05 (West 2005) (by whom writ may be granted). Therefore, the relief the relator seeks is not necessary to enforce the Court’s jurisdiction.

We dismiss the petition for want of jurisdiction.

/Elizabeth Lang-Miers/

ELIZABETH LANG-MIERS

JUSTICE

151106F.P05