In The
Court of Appeals
Seventh District of Texas at Amarillo
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No. 07-15-00280-CV
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IN RE CODY ALLEN JOHNSON, RELATOR
Original Proceeding
Arising from Proceedings Before the 31st District Court
Gray County, Texas
Trial Court No. 4447; Honorable Steve Emmert, Presiding
August 5, 2015
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Relator, Cody Allen Johnson, proceeding pro se and in forma pauperis, seeks a
writ of mandamus to compel the Clerk of the Seventh Court of Appeals and a Deputy
Clerk to provide him with a copy of all documents pertaining to a “plea of October 21,
2009,” in cause number 4447, in the 31st District Court, Gray County, Texas. He
acknowledges that no appeal was taken from that cause number and “no appeal
records are requested.” For the reasons expressed herein, Relator’s request for
mandamus relief is dismissed for want of jurisdiction.
This court has the authority to issue writs of mandamus against a judge of a
district or county court in our district and all writs necessary to enforce our jurisdiction.
TEX. GOV'T CODE ANN. § 22.221(a), (b)(1) (West 2004). Not only does the clerk of this
court not maintain any of the requested records, appellate court clerks are not
enumerated as persons against whom a writ of mandamus may be issued by this court.
Additionally, Relator has not complied with the applicable rules of procedure for
filing an original proceeding in this court. See TEX. R. APP. P. 52.3. The fact that
Relator is proceeding pro se does not excuse his compliance with procedural rules.
Pena v. McDowell, 201 S.W.3d 665, 667 (Tex. 2006).
Accordingly, Relator’s petition for writ of mandamus is dismissed for want of
jurisdiction.
Patrick A. Pirtle
Justice
2
in Re Cody Allen Johnson, Relator
Combined Opinion