In re Riggin Gideon Valley Appeal from 42nd District Court of Coleman County (memorandum opinion per curiam)
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Opinion filed December 9, 2021 In The Eleventh Court of Appeals __________ No. 11-21-00281-CR __________ IN RE RIGGIN GIDEON VALLEY Original Mandamus Proceeding MEMORANDUM OPINION Relator, Riggin Gideon Valley, filed this original petition for writ of mandamus in which he complains that Darlene Huddle-Boyd, District Clerk of Coleman County, Texas, has failed to file Relator’s second writ of habeas corpus. This court’s mandamus jurisdiction is governed by Section 22.221 of the Texas Government Code. See TEX. GOV’T CODE ANN.§ 22.221 (West Supp. 2021). Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to (1) writs against a judge of a district or county court in the court of appeals’ district, (2) writs against a district judge acting as magistrate in a court of inquiry in the court of appeals’ district, and (3) writs necessary to enforce the court of appeals’ jurisdiction. Id. We do not have authority to issue a writ of mandamus against a district clerk unless it is necessary to enforce our jurisdiction. In Price, No. 11-2100089-CR, 2021 WL 2009495, at *1 (Tex. App.—Eastland May 20, 2021, orig. proceeding) (per curiam) (mem. op., not designated for publication). Relator seeks mandamus relief related to a postconviction writ of habeas corpus. The Texas Court of Criminal Appeals is the only court with jurisdiction in postconviction felony proceedings. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding). Therefore, it is not necessary for us to issue a writ of mandamus against the district clerk in order to enforce our jurisdiction. Should Relator “find it necessary to complain about the processing of an Article 11.07 application for writ of habeas corpus, [he] may seek mandamus relief from the Court of Criminal Appeals.” In re Valley, No. 11-20-00106-CR, 2020 WL 1942617, at *1 (Tex. App.—Eastland Apr. 23, 2020, orig. proceeding) (per curiam) (mem. op., not designated for publication) (citing Benson v. Dist. Clerk, 331 S.W.3d 431, 432 (Tex. Crim. App. 2011) (per curiam)). We dismiss the petition for writ of mandamus for lack of jurisdiction. PER CURIAM December 9, 2021 Panel consists of: Bailey, C.J., Trotter, J., and Williams, J. 2
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