TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-13-00516-CV
In re Robert Troy McClure
ORIGINAL PROCEEDING FROM COMAL COUNTY
MEMORANDUM OPINION
Relator, Robert Troy McClure, an inmate in the Texas Department of Criminal
Justice, filed a pro se petition for writ of mandamus in this Court. See Tex. Gov’t Code § 22.221;
see also Tex. R. App. P. 52.1. In his petition, McClure asks us to issue a writ of mandamus directed
to the District Clerk of Comal County.
This Court’s mandamus jurisdiction, governed by section 22.221 of the Texas
Government Code, is expressly limited to: (1) writs against a district court judge or county court
judge in this Court’s district, and (2) all writs necessary to enforce our jurisdiction. See Tex. Gov’t
Code § 22.221. Thus, we have no jurisdiction to issue a writ of mandamus against a district clerk
unless necessary to enforce our jurisdiction. See id.; In re Washington, 7 S.W.3d 181, 182 (Tex.
App.—Houston [1st Dist.] 1999, orig. proceeding).
McClure has not demonstrated that the exercise of our writ power against the Comal
District Clerk is necessary to enforce our jurisdiction. We have no jurisdiction to grant the requested
relief. Accordingly, we dismiss McClure’s petition for want of jurisdiction.
__________________________________________
Melissa Goodwin, Justice
Before Justices Puryear, Rose, and Goodwin
Dismissed for Want of Jurisdiction
Filed: August 9, 2013
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