in Re: William Clifford Butler

Opinion

DISMISS; and Opinion Filed July 24, 2018.

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-18-00787-CV

IN RE WILLIAM CLIFFORD BUTLER, Relator

Original Proceeding from the 292nd Judicial District Court Dallas County, Texas

Trial Court Cause No. F92-20707 SV

MEMORANDUM OPINION

Before Justices Lang-Miers, Fillmore, and Stoddart Opinion by Justice Lang-Miers In this original proceeding, relator seeks a writ of mandamus directing the district court

clerk to provide him access to the trial court record and trial transcript so that relator may review the record and file a petition for writ of habeas corpus in the Texas Court of Criminal Appeals. This Court does not have jurisdiction to issue a writ of mandamus against a district clerk unless it is necessary to enforce our own jurisdiction. TEX. GOV’T CODE § 22.221(a) (court of appeals may only issue writ of mandamus against district and county judges or as necessary to enforce jurisdiction of appellate court); In re Wilkerson, No. 05-16-00322-CV, 2016 WL 1320815, at *1 (Tex. App.—Dallas Apr. 5, 2016, orig. proceeding) (mem. op.) (citing In re Simpson, 997 S.W.2d 939, 939 (Tex. App.—Waco 1999, orig. proceeding)). Relator has no appeal pending in this Court

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and, therefore, our jurisdiction is not in jeopardy. Accordingly, we dismiss relator’s petition for writ of mandamus for want of jurisdiction.

/Elizabeth Lang-Miers/

ELIZABETH LANG-MIERS

JUSTICE

180787F.P05