in Re Michael Anthony Moore

• Court: Court of Appeals of Texas
• Decided: September 9, 2020
• Docket: 10-20-00236-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-20-00236-CR

IN RE MICHAEL ANTHONY MOORE

Original Proceeding

MEMORANDUM OPINION

In this original proceeding Michael Moore seeks mandamus relief against the

district clerk. Moore states that he paid for a copy of the record in his case, but the clerk

refuses to provide the record. 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 Bernard, 993 S.W.2d 453, 454 (Tex. App. —

Houston [1st Dist.] 1999, orig. proceeding). Moore has not shown that a writ of mandamus directed to the district clerk is necessary to enforce our jurisdiction. 1 We

dismiss Mack’s Petition for Writ of Mandamus against the clerk for want of jurisdiction.

JOHN E. NEILL Justice

Before Chief Justice Gray, Justice Davis, and Justice Neill Dismissed Opinion delivered and filed September 9, 2020 [OT06]

1The rather complicated process to compel the district clerk to perform a ministerial act is discussed in In re Bernard, 993 S.W.2d 453, 454 (Tex. App. — Houston [1st Dist.] 1999, orig. proceeding)(O’Connor Concurring).

In re Moore Page 2