Dismissed w.o.j and Opinion Filed October 21, 2016
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-01179-CV
IN RE LEE JEROME LEWIS, Relator
Original Proceeding from the Criminal District Court No. 6
Dallas County, Texas
Trial Court Cause No. F14-5207-X
MEMORANDUM OPINION
Before Justices Francis, Fillmore, and Stoddart
Opinion by Justice Stoddart
Before the Court is relator’s October 6, 2016 petition for writ of mandamus in which he
asks the Court to direct the district clerk to allow him to purchase the transcripts of all witness
testimony presented to the grand jury and to order the district clerk to itemize the costs of the
transcripts and either produce the transcripts to relator or swear by affidavit that no such records
are on file and why.
The Court’s power to issue a writ of mandamus is limited as set forth in section 22.221 of
the Texas Government Code. Because the Dallas County district clerk is not a judge, we may
issue a writ of mandamus to compel action by the district clerk only to the extent necessary to
enforce our jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a), (b) (West 2004) (writ power);
In re Wade, 05-15-01179-CV, 2015 WL 5783691, at *1 (Tex. App.—Dallas Oct. 5, 2015, no
pet.) (mem. op.). Relator’s prior appeal in this Court has been resolved, and the alleged failure
of the district clerk to provide relator with a copy of the grand jury transcripts does not implicate
our jurisdiction. We, therefore, lack jurisdiction over the petition for writ of mandamus.
Accordingly, we DISMISS relator’s petition for writ of mandamus for want of jurisdiction. See
TEX. R. APP. P. 52.8(a).
/Craig Stoddart/
CRAIG STODDART
JUSTICE
161179F.P05
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