NO. 07-04-0048-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
MARCH 2, 2004
______________________________
IN RE R. WAYNE JOHNSON, RELATOR
_______________________________
Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ.
MEMORANDUM OPINION
Relator, R. Wayne Johnson, seeks issuance of a writ of mandamus directing
respondent Caroline Woodburn, District Clerk of Potter County, to (1) accept and file a
petition for habeas corpus relator wishes to file, (2) obey her oath of office, and (3) obey
certain specified decisions of the United States Supreme Court and the law in general. He
also seeks our declaration that an application for habeas corpus is not subject to the
provisions of TEX . CIV. PRAC . & REM . CODE ANN . chapter 11 (Vernon Supp. 2004),
concerning vexatious litigants. We dismiss for lack of jurisdiction.
A district clerk is not one of the officials against whom we have jurisdiction to issue
writs of mandamus pursuant to TEX . GOV’T CODE ANN . § 22.221(b) (Vernon Supp. 2004).
Nor does relator so urge. Instead, relator claims that we have jurisdiction in this original
proceeding because respondent’s refusal to accept his suit interferes with this court’s
appellate jurisdiction. See id. § 22.221(a). He cites, in part, In re Washington, 7 S.W.3d
181 (Tex.App.--Houston [1st Dist.] 1999, orig. proceeding).
In Washington the relator filed a notice of appeal from a trial court proceeding. The
district clerk failed to process and forward the notice to the appellate court. The court of
appeals noted that the filing of a notice of appeal invokes appellate jurisdiction, and
determined that it had jurisdiction to issue a writ of mandamus directing the district clerk
to perform the ministerial duty of forwarding the notice to the appropriate appellate court.
Id. at 181-82.
We agree with relator that we have jurisdiction to issue a writ of mandamus to
enforce our jurisdiction. See Gov’t. Code § 22.221(a); In re Washington, 7 S.W.3d at 182.
But, such jurisdiction exists to enforce our actual, as opposed to potential, jurisdiction. See
Shelvin v. Lykos, 741 S.W.2d 178, 181 (Tex.App.--Houston [1st Dist.] 1987, orig.
proceeding).
Relator does not claim the existence of, nor does he present documents which he
claims evidence an appealable order, or a notice of appeal which has not been forwarded
as occurred in Washington. Our appellate jurisdiction as to the lawsuit relator alleges
respondent refuses to file is potential, as it is with any lawsuit which might be filed and
eventually appealed to this court. But, our jurisdiction over such a suit is not actual until
an event occurs which ripens our potential jurisdiction into actual jurisdiction. And, it is
relator’s burden to properly request and show entitlement to the mandamus relief he
-2-
requests. See generally Johnson v. Fourth District Court of Appeals, 700 S.W.2d 916, 917
(Tex. 1985) (orig. proceeding). He has not done so.
We dismiss the petition for writ of mandamus for want of jurisdiction.
Phil Johnson
Chief Justice
-3-