In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-14-00306-CV
IN RE DEREK MONTEZ, RELATOR
ORIGINAL PROCEEDING FOR WRIT OF MANDAMUS
August 19, 2014
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Pending before this court is a petition for writ of mandamus filed by Derek
Montez. He requests that we direct the Potter County District Clerk to provide him with
a copy of an order revoking his probation in Cause No. 42,803-A so that he may use it
in filing a petition for writ of habeas corpus challenging his 2007 conviction and
punishment in Cause No. 18,139-C. We deny the petition.
An intermediate appellate court has jurisdiction to issue writs of mandamus
against a district clerk only when necessary to enforce its jurisdiction over a pending
appeal. In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999,
orig. proceeding). Montez does not allege that he has an appeal pending in this court or
that our directing the district clerk to provide him with a copy of the document in
question would be for the purpose of enforcing our jurisdiction over any appeal pending
before us. Thus, we have no jurisdiction over his request.
Accordingly, the petition for writ of mandamus is denied.
Brian Quinn
Chief Justice
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