Opinion

in Re Glenn F. Smith

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Jul 1, 2011
Status
Published
Cited by
0 cases
Authority
More cited than 42.2%

The opinion

Opinion issued July 1, 2011

In The

Court of

Appeals

For The

First District

of Texas

————————————

NO. 01-11-00472-CV

———————————

in re Glenn F. Smith , Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator,

Glenn F. Smith, has filed a pro se “Petition for Relief from Litigants,” which

we construe as a petition for writ of mandamus, complaining that he has not

been provided with copies of “current docket sheets on filed pleadings” and has

been “fully and unfairly impeded [in] obtaining disposition on filed pleadings

in the underlying case.” [1] The petition names as respondents the

Galveston County District Clerk and the Court Coordinator for the 405th

District Court of Galveston County.

This

Court’s mandamus jurisdiction is governed by the Texas Government Code. Section 22.221(b) expressly limits the

mandamus jurisdiction of the courts of appeals to: (1) writs necessary to enforce the

jurisdiction of the court of appeals and (2) writs against specified district

or county court judges in the court of appeals district. Tex.

Gov’t Code Ann . § 22.221(a), (b) (West 2004).

We have no jurisdiction to issue a

writ of mandamus against a district clerk or a court coordinator unless

necessary to enforce our jurisdiction. See id. § 22.221(a), (b); see also In re Washington , 7 S.W.3d

181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding). Relator’s petition does not raise an issue

regarding the need to protect, or a threat to, our jurisdiction.

Accordingly, we dismiss relator’s

petition for lack of jurisdiction, and we dismiss all outstanding motions as

moot.

PER CURIAM

Panel

consists of Chief Justice Radack and Justices Sharp and Brown.

[1]

Relator

has identified the underlying case as Glenn

Floyd Smith v. Clement Aldridge, Jr. , No. 09-CV-0009, in the 405th District

Court of Galveston County, Texas.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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