in Re Michael Joseph Johnson

• Court: Court of Appeals of Texas
• Decided: January 8, 2009
• Docket: 14-08-01175-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed January 8, 2009

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed January 8, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-01175-CR

IN RE MICHAEL JOSEPH JOHNSON, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On December 31, 2008, relator, Michael Joseph Johnson, filed a petition for writ of mandamus in this Court.  See Tex. Gov=t Code Ann '22.221 (Vernon 2004); see also Tex. R. App. P. 52.1.  In the petition, relator states that, on August 18, 2008, he filed a motion for post-conviction DNA testing in the 182nd District Court of Harris County.  Relator complains that the respondent, the Harris County District Clerk, has not responded to his filing.  Relator requests that this court Aconduct a full scale investigation@ as to his complaint.

A court of appeals has the authority to issue writs of mandamus against a judge of a district or county court in the court of appeals= district and all writs necessary to enforce its jurisdiction.  Tex. Gov=t Code Ann. ' 22.221(b).  For a district clerk to come within our jurisdictional reach, it must be established that the issuance of the writ of mandamus is necessary to enforce our jurisdiction.  In re Coronado, 980 S.W.2d 691, 692B93 (Tex. App.CSan Antonio 1998, orig. proceeding). 

Relator has not shown that the exercise of our mandamus authority against the Harris County District Clerk is necessary to enforce our jurisdiction.  Therefore, we have no authority to issue a writ of mandamus against the Harris County District Clerk.

Because we do not have jurisdiction, the petition for writ of mandamus is ordered dismissed. 

PER CURIAM

Panel consists of Justices Yates, Guzman, and Sullivan. 

Do Not PublishCTex. R. App. P. 47.2(b).