In re Thornton Ray Prophet Appeal from 176th District Court of Harris County (memorandum opinion per curiam)

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Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed July 30, 2019. In The Fourteenth Court of Appeals NO. 14-19-00584-CR IN RE THORNTON RAY PROPHET, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS 176th District Court Harris County, Texas Trial Court Cause No. 262195 MEMORANDUM OPINION On July 24, 2019, relator Thornton Ray Prophet filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Marilyn Burgess, Harris County District Clerk, to forward relator’s motion for nunc pro tunc and related trial court records to the judge of the 176th District Court. This court’s mandamus jurisdiction is governed by section 22.221 of the Texas Government Code. A court of appeals may issue writs of mandamus against (1) a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district; (2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52 of the Texas Code of Criminal Procedure in the court of appeals district; or (3) an associate judge of a district or county court appointed by a judge under Chapter 201 of the Texas Family Code in the court of appeals district for the judge who appointed the associate judge. Tex. Gov’t Code Ann. § 22.221(b). The courts of appeals also may issue all writs necessary to enforce the court of appeals’ jurisdiction. Id. § 22.221(a). The Harris County District Clerk is not among the parties specified in section 22.221(b). Moreover, relator has not shown that the issuance of a writ compelling the requested relief is necessary to enforce our appellate jurisdiction. See id. § 22.221(a). Therefore, we lack jurisdiction to issue a writ of mandamus against the Harris County District Clerk. Accordingly, we dismiss relator’s petition for writ of mandamus for lack of jurisdiction. PER CURIAM Panel consists of Justices Wise, Jewell, and Hassan. Do Not Publish — Tex. R. App. P. 47.2(b). 2

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