in Re Gus Mendizabal

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed November 3, 2016.

In The

Fourteenth Court of Appeals

NO. 14-16-00853-CV IN RE GUS MENDIZABAL, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS 10th District Court Galveston County, Texas Trial Court Cause No. 15CV0919

MEMORANDUM OPINION

On October 25, 2016, relator Gus Mendizabal filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable John D. Kinard, Galveston County District Clerk, to receive and file all papers in the underlying case, inform relator of all proceedings in the case, and notify the district court that a trial date should be set.

This court’s mandamus jurisdiction is governed by section 22.221 of the Texas Government Code. Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to: (1) writs against a district court judge or a county court judge in the court of appeals’ district; and (2) all writs necessary to enforce the court of appeals’ jurisdiction. Tex. Gov’t Code Ann. § 22.221. The district clerk is not a district court or county court judge in this court’s district, and relator has not shown that the issuance of a writ compelling the requested relief is necessary to enforce this court’s appellate jurisdiction. Therefore, we do not have jurisdiction to issue a writ of mandamus against the district clerk.

Accordingly, we dismiss relator’s petition for writ of mandamus for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Jamison, McCally, and Wise.