Opinion

in Re James Boone

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Sep 28, 2017
Status
Published
Cited by
0 cases
Authority
More cited than 4.0%

The opinion

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

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. TEX. GOV’T CODE ANN. § 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 TEX. GOV’T CODE ANN. § 22.221(b); Act of May 29, 2017,

85th Leg., R.S., ch. 1013, § 1 (to be codified at TEX. GOV’T CODE ANN. § 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.

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.

2

Accordingly, we dismiss the petition for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Jennings, Bland, and Brown.

Do not publish. TEX. R. APP. P. 47.2(b).

3

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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