Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed June 3, 2010.

In The

Fourteenth Court of Appeals

In Re Charles Anthony Allen, Sr., Relator

ORIGINAL PROCEEDING

MEMORANDUM  OPINION

            On May 20, 2010, relator, Charles Anthony Allen, Sr., 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 asks this Court to compel Gay Wells, Grimes County District Clerk, to file relator’s complaints and motions. 

A court of appeals has no general writ power over a person—other than a judge of a district or county court—unless issuance of the writ is necessary to enforce the court’s jurisdiction.  See Tex. Gov’t Code Ann. § 22.221.  A court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce its jurisdiction.  In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding).  Relator has not shown that a writ of mandamus directed to the district clerk is necessary to enforce our jurisdiction.  Therefore, we do not have jurisdiction to issue a writ of mandamus against the district clerk. 

Accordingly, relator’s petition for writ of mandamus is dismissed for lack of jurisdiction.

                                                                                    PER CURIAM

Panel consists of Justices Anderson, Frost, and Seymore.