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in Re James Boone
01-17-00672-CR
| Tex. App. | Sep 28, 2017
|
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Case Information

*1 Opinion issued September 28, 2017

In The Court of Appeals For The First District of Texas ———————————— NO. 01-17-00672-CR ——————————— IN RE JAMES BOONE, Relator Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, James Boone, incarcerated and proceeding pro se, has filed a petition for a writ of mandamus, seeking to compel the Fort Bend County District Clerk to file relator’s “Motion Requesting an Order to the Clerk to make available copies of *2 all the Grand Jury Proceedings and Transcript” in the trial court case and “a written response and/or answer on the Motion in question within a reasonable time.” [1]

This Court’s mandamus jurisdiction is limited to writs of mandamus against certain judges within its district and all writs necessary to enforce the Court’s jurisdiction. T EX . G OV ’ T C ODE A NN . § 22.221(a) (Vernon 2004); Act of May 28, 2017, 85th Leg., R.S., ch. 740, § 1, sec. 22.221(b), 2017 Tex. Sess. Law Serv. 3166 (West) (to be codified at T EX G OV ’ T C ODE A NN . § 22.221(b); Act of May 29, 2017, 85th Leg., R.S., ch. 1013, § 1 (to be codified at T G OV ’ T C ODE NN . § 22.221(b)). Thus, we have no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce our jurisdiction. See In re Wilkerson , Nos. 05-16-00322- CV, 05-16-00323-CV, 2016 WL 1320815, at *1 (Tex. App.—Dallas Apr. 5, 2016, orig. proceeding) (mem. op.); In re Washington , 7 S.W.3d 181, 182 (Tex. App.— Houston [1st Dist.] 1999, orig. proceeding). Because relator’s petition does not reflect that issuance of a writ is necessary to enforce our jurisdiction, we do not have jurisdiction to issue a writ of mandamus against the district clerk. See In re Washington , 7 S.W.3d at 182.

*3 Accordingly, we dismiss the petition for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Jennings, Bland, and Brown.

Do not publish. T R. PP P. 47.2(b).

[1] The underlying proceeding is The State of Texas v. James Boone , Case No. 92-DCR- 23907, in the 240th District Court of Fort Bend County, the Honorable Chad Bridges presiding.

Case Details

Case Name: in Re James Boone
Court Name: Court of Appeals of Texas
Date Published: Sep 28, 2017
Docket Number: 01-17-00672-CR
Court Abbreviation: Tex. App.
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