NO. 07-07-0111-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
APRIL 11, 2007
______________________________
IN RE NATHAN FELDER, RELATOR
_________________________________
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Relator, Nathan Felder, has filed a Motion for Leave to File Application for Writ of
Mandamus and Petition for Writ of Mandamus1 in which relator requests this Court order
respondents, Terri Banks (Dallam County District Clerk), Luann Taylor (District Clerk),
Shelly Burnett (69th District Court Reporter), and Mike Carlisle (69th District Court Reporter),
to respond to Felder’s correspondence requesting a copy of the clerk’s record or,
specifically, “a complete copy of the Jury Empanelment list of the twelve jurors and the two
alternatives,” in the cause in which Felder was convicted.2 We deny the petition.
1
Construing Felder’s pleading liberally, Gulf, Colo. & Santa Fe Ry. Co. v. Bliss, 368
S.W.2d 594, 599 (Tex.1963), and in the interest of judicial economy, we will treat Felder’s
Motion for Leave to File Application for Writ of Mandamus and Petition for Writ of
Mandamus as a Petition for Writ of Mandamus.
2
While Felder did not identify the cause, this Court affirmed Felder’s conviction in
Felder v. State, 2005 WL 1742928, July 25, 2005. Not published.
Felder’s “Motion for Leave” fails to establish his entitlement to mandamus relief. A
court of appeals has authority to issue writs of mandamus against district and county court
judges within the court of appeals’s district and all writs necessary to enforce its jurisdiction.
TEX . GOV’T CODE ANN . § 22.221(a), (b) (Vernon 2004). However, none of the respondents
identified by Felder are judges. As a result, the named respondents are not within our
jurisdictional reach and we have no authority to issue a writ of mandamus against them
absent a showing that issuance of the writ is necessary to enforce our jurisdiction. In re
Cummins, 2004 WL 1948048, at *1 (Tex.App.–Amarillo 2004, orig. proceeding) (mem. op.);
In re Coronado, 980 S.W.2d 691, 692 (Tex.App.–San Antonio 1998, orig. proceeding).
Felder does not identify how issuance of the writ of mandamus against the named
respondents would be necessary to enforce our jurisdiction.
As Felder’s Motion for Leave to File Application for Writ of Mandamus and Petition
for Writ of Mandamus does not identify any basis upon which this court would have
authority to issue a writ of mandamus, we deny the petition.
Mackey K. Hancock
Justice
2