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COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-09-026-CV
IN RE KEVIN MICHAEL NEILL RELATOR
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ORIGINAL PROCEEDING
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MEMORANDUM OPINION[1]
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The court has considered relator=s petition for writ of mandamus and is of the opinion that relief should be denied. The Tarrant County District Clerk=s office has informed this court that it has not received relator=s Amotion to check out the clerk=s record on loan.@ However, even assuming that the district clerk=s office had received relator=s motion and refused to file it, this court would not have jurisdiction to issue a writ of mandamus against it.[2] If a district clerk=s office refuses to accept a pleading tendered for filing, the tendering party should attempt to file the pleading directly with the district judge, explaining in a verified motion that the clerk refused to accept the pleading for filing.[3] Accordingly, relator=s petition for writ of mandamus is denied.
PER CURIAM
PANEL: DAUPHINOT, GARDNER, and MEIER, JJ.
DELIVERED: February 12, 2009
[1]See Tex. R. App. P. 47.4.
[2]See Tex. Gov=t Code Ann. ' 22.221(b) (Vernon 2004).
[3]See In re Bernard, 993 S.W.2d 453, 454 (Tex. App.CHouston [1st Dist.] 1999, orig. proceeding) (O=Connor, J., concurring).