in Re Robert Martinez

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-16-00166-CR

IN RE Robert MARTINEZ

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice

Rebeca C. Martinez, Justice

Luz Elena D. Chapa, Justice

Delivered and Filed: April 13, 2016

PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

On March 29, 2016, relator Robert Martinez filed a pro se petition for writ of mandamus seeking an order from this court directing the clerk of the trial court to perform certain functions. However, this court does not have jurisdiction to grant the requested relief. By statute, this court has the authority to issue a writ of mandamus against “a judge of a district or county court in the court of appeals district” and other writs as necessary to enforce our appellate jurisdiction. See TEX. GOV’T CODE ANN. § 22.221(a)-(b) (West 2004). Relator seeks relief against the clerk of the court, not a district or county court judge and we conclude the requested writ is not necessary to enforce our jurisdiction in this instance. Accordingly, relator’s petition for writ of mandamus is dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH