in Re Michael Anthony Moore

• Court: Court of Appeals of Texas
• Decided: October 30, 2019
• Docket: 10-19-00369-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-19-00369-CR

IN RE MICHAEL ANTHONY MOORE

Original Proceeding

MEMORANDUM OPINION

Relator, Michael Anthony Moore, has filed a petition for writ of mandamus

seeking to compel Brazos County District Clerk Gabriel Garcia to provide him with

various documents from his criminal trial, including an “affidavit in support of felony

information,” a “waiver of indictment,” a “felony of information,” an “arrest warrant,”

“docket sheets,” and “criminal docket sheets.” A court of appeals has no jurisdiction to

issue a writ of mandamus against a district clerk, except to protect or enforce its

jurisdiction. See TEX. GOV’T CODE ANN. § 22.221 (West 2004); In re Simmonds, 271 S.W.3d

874, 879 (Tex. App.—Waco 2008, orig. proceeding). We do not have jurisdiction to decide

Moore’s mandamus proceeding against the district clerk. See TEX. GOV’T CODE ANN. § 22.221; see also In re Simmonds, 271 S.W.3d at 879. Accordingly, we dismiss Moore’s

mandamus petition for want of jurisdiction.

JOHN E. NEILL Justice

Before Chief Justice Gray, Justice Davis, and Justice Neill Petition dismissed Opinion delivered and filed October 30, 2019 Do not publish [OT06]

In re Moore Page 2