in Re Milton Lee Gardner

• Court: Court of Appeals of Texas
• Decided: November 20, 2014
• Docket: 10-14-00340-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-14-00340-CR

IN RE MILTON LEE GARDNER

Original Proceeding

MEMORANDUM OPINION

In this mandamus proceeding, Milton Lee Gardner requests this Court to order

the Limestone County District Clerk to rule on his pretrial writ of habeas corpus filed

with the trial court on September 9, 2014, and if the ruling does not grant relief, to

transmit the writ to the Court of Appeals. There are procedural problems with this

petition, including that it has not been served on the District Clerk as the respondent or

the State as the real party in interest, see TEX. R. APP. P. 9.5; 52.2; however, we use Rule 2

and look beyond these deficiencies to dispose of Gardner’s petition. TEX. R. APP. P. 2. As a Court of Appeals, we have no jurisdiction to compel a district clerk to act

except to enforce our jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a), (b) (West

2004). Gardner has not alleged any need for this Court to protect that jurisdiction.

Accordingly, Gardner’s petition is dismissed for want of jurisdiction.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Petition dismissed Opinion delivered and filed November 20, 2014 Do not publish [OT06]

In re Gardner Page 2