In Re: David McLain Bailey--Appeal from of County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-05-00032-CV

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IN RE:

DAVID McLAIN BAILEY

Original Mandamus Proceeding

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

David McLain Bailey has filed a petition for writ of mandamus. He asks this Court to order the district clerk of Fannin County to perform her ministerial duty to receive and file all papers in and ancillary to criminal proceedings and to transmit to the Texas Court of Criminal Appeals the papers relating to Bailey's application for habeas corpus.

Section 22.221 of the Texas Government Code prescribes the original jurisdiction of the courts of appeals:

(b) Each court of appeals for a court of appeals district may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against a:

(1) judge of a district or county court in the court of appeals district; or

(2) judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district.

Tex. Gov't Code Ann. 22.221(b) (Vernon 2004). The Texas Legislature has not conferred authority on this Court to issue a writ of mandamus generally, and we do not have the authority in the context of these allegations to issue a writ of mandamus against a district clerk. See In re Dunn, 120 S.W.3d 913 (Tex. App. Texarkana 2003, orig. proceeding); In re Simpson, 997 S.W.2d 939 (Tex. App. Waco 1999, orig. proceeding).

Accordingly, we deny Bailey's petition for writ of mandamus.

Josh R. Morriss, III

Chief Justice

Date Submitted: March 8, 2005

Date Decided: March 9, 2005