in Re Travis Clinton Fagala

• Court: Court of Appeals of Texas
• Decided: February 10, 2009
• Docket: 14-09-00080-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 10, 2009

Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 10, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00080-CR

IN RE TRAVIS CLINTON FAGALA, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On January 15, 2009, relator, Travis Clinton Fagala, 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.  In the petition, relator complains of the failure of the respondents, the Honorable Jeremy E. Warren, Judge of County Court at Law No. 3 and Probate Court of Brazoria County, and Joyce Hudman, County Clerk of Brazoria County, to file his original petition. 

Relator=s petition for writ of mandamus does not comply with the Texas Rules of Appellate Procedure.  Relator=s petition is not signed, his petition contains no certificate of service, relator has not filed an affidavit of indigence in this court, relator=s unsworn declaration of facts is not signed, and the documents in the appendix are not sworn or certified.  See Tex. R. App. P. 9.1(b), 9.5, 20.1, 52.3, and 52.3(j)(1). 

Moreover, we do not have jurisdiction to issue a writ of mandamus against the Brazoria County Clerk.  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 or county 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 Brazoria County Clerk is necessary to enforce our jurisdiction. 

Relator has not established his entitlement to the extraordinary relief of a writ of mandamus.  Accordingly, we deny relator=s petition for writ of mandamus. 

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore. 

Do not publish B Tex. R. App. P. 47.2(b).