in Re Nathaniel Jones III

Opinion

Petition for Writ of Mandamus Dismissed, Motion to Proceed In Forma Pauperis Denied as Moot, and Memorandum Opinion filed December 23, 2014.

In The

Fourteenth Court of Appeals

NO. 14-14-00989-CV

IN RE NATHANIEL JONES III, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 133rd District Court Harris County, Texas Trial Court Cause No. 2014-44583

MEMORANDUM OPINION

On December 11, 2014, relator Nathaniel Jones III filed a petition for writ of mandamus in this court. See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Harris County District Clerk to issue a citation in the underlying litigation pursuant to Rule 145 of the Texas Rules of Civil Procedure.

By statute, we have authority to issue a writ of mandamus against a judge of a district or county court in our court of appeals district, and as necessary to enforce our appellate jurisdiction. See Tex. Gov’t Code § 22.221(a), (b). The Harris County District Clerk named as the respondent in this original proceeding is not a judge of a district or county court. And, issuance of the writ against the respondent is not necessary to enforce our jurisdiction. Therefore, we have no jurisdiction to grant the requested relief. See, e.g., In re Brooks, No. 14-14-00079- CV, 2014 WL 549376, *1 (Tex. App.—Houston [14th Dist.] Feb. 11, 2014, orig. proceeding) (mem. op., per curiam); In re Cantu, No. 14-13-00828-CV, 2013 WL 5503879, *1 (Tex. App.—Houston [14th Dist.] Oct. 1, 2013, orig. proceeding) (mem. op., per curiam).

Accordingly, we dismiss relator’s petition for writ of mandamus for want of jurisdiction. We further deny as moot relator’s motion to proceed in forma pauperis.

PER CURIAM

Panel consists of Justices Jamison, Busby, and Brown.