IN THE
TENTH COURT OF APPEALS
No. 10-14-00340-CR
IN RE MILTON LEE GARDNER
Original Proceeding
MEMORANDUM OPINION
In this mandamus proceeding, Milton Lee Gardner requests this Court to order
the Limestone County District Clerk to rule on his pretrial writ of habeas corpus filed
with the trial court on September 9, 2014, and if the ruling does not grant relief, to
transmit the writ to the Court of Appeals. There are procedural problems with this
petition, including that it has not been served on the District Clerk as the respondent or
the State as the real party in interest, see TEX. R. APP. P. 9.5; 52.2; however, we use Rule 2
and look beyond these deficiencies to dispose of Gardner’s petition. TEX. R. APP. P. 2.
As a Court of Appeals, we have no jurisdiction to compel a district clerk to act
except to enforce our jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a), (b) (West
2004). Gardner has not alleged any need for this Court to protect that jurisdiction.
Accordingly, Gardner’s petition is dismissed for want of jurisdiction.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Petition dismissed
Opinion delivered and filed November 20, 2014
Do not publish
[OT06]
In re Gardner Page 2
in Re Milton Lee Gardner
Combined Opinion