In Re: Joseph D. Smith Appeal from 115th District Court of Upshur County (memorandum opinion )

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In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-14-00151-CR IN RE: JOSEPH D. SMITH Original Mandamus Proceeding Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter MEMORANDUM OPINION Joseph D. Smith has filed a pro se petition for writ of mandamus asking this Court to order Carolyn Parrott, the District Clerk of Upshur County, to file his Writ of Nunc Pro Tunc. 1 This Court does not have mandamus jurisdiction over district clerks except when necessary to enforce our jurisdiction. TEX. GOV T CODE ANN. § 22.221 (West 2004); In re Coronado, 980 S.W.2d 691, 692 93 (Tex. App. San Antonio 1998, orig. proceeding) (per curiam) (for district clerk to fall within jurisdictional reach of court of appeals, must establish that mandamus is necessary to enforce court of appeals jurisdiction). Smith has not alleged facts sufficient for the district clerk to fall within our jurisdictional reach. For the reasons stated, we deny Smith s petition for writ of mandamus. Jack Carter Justice Date Submitted: Date Decided: August 28, 2014 August 29, 2014 Do Not Publish 1 The petition for writ of mandamus also names Lauren Parish, the 115th Judicial District Court Judge, and Billy W. Byrd, the Upshur County District Attorney, as respondents. The petition seeks relief only against Parrott. 2

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