in Re: Quillon Brown

• Court: Court of Appeals of Texas
• Decided: June 30, 2005
• Docket: 12-05-00196-CV
• Status: Published

Opinion

                                                                                    NO. 12-05-00196-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§

IN RE: QUILLON BROWN                               §    ORIGINAL PROCEEDING

MEMORANDUM OPINION

            Relator Quillon Brown, proceeding pro se and informa pauperis, seeks a writ of mandamus against Janice Staples, in her capacity as District Clerk of Anderson County, Texas. Specifically, Brown requests that Staples be compelled to file his original petition for photostatic copies of all documents and trial records, to provide him with the cause number assigned to his original petition, and to place the petition on the court’s docket for judicial review.

            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) (Vernon 2004-05). In order for a district clerk to fall within our jurisdictional reach, it must be established that the issuance of the writ of mandamus is necessary to enforce our jurisdiction. See id. § 22.221(a), (b); In re Coronado, 980 S.W.2d 691, 692-93 (Tex. App.–San Antonio 1998, orig. proceeding). Relator has not demonstrated that the exercise of our mandamus authority against the respondent is necessary to enforce our jurisdiction. Consequently, we deny the writ of mandamus.

                                                                                                    SAM GRIFFITH

                                                                                                               Justice

Opinion delivered June 30, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)