In re Juan Roberto Rodriguez--Appeal from 57th Judicial District Court of Bexar County
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i i i i i i MEMORANDUM OPINION No. 04-08-00569-CV In Re Juan Roberto RODRIGUEZ Original Mandamus Proceeding1 PER CURIAM Sitting: Alma L. López, Chief Justice Sandee Bryan Marion, Justice Rebecca Simmons, Justice Delivered and Filed: August 27, 2008 PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION On August 4, 2008, relator filed a petition for writ of mandamus asking this court to order the Bexar County District Clerk to file his civil action, which he refers to in his mandamus petition as Plaintiff s Notice to Sue for Breach of Contract and Breach of Duty. This court does not have jurisdiction to issue a writ of mandamus against a district clerk unless such writ is necessary to enforce this court s jurisdiction. In re Coronado, 980 S.W.2d 691, 692 (Tex. App. San Antonio 1998, orig. proceeding); see TEX. GOV T CODE ANN. § 22.221(a), (b) (Vernon 2004). Relator has not asserted that the writ he is requesting is necessary to enforce this court s jurisdiction, nor has he provided a record that would support such an argument. Walker v. Packer, 827 S.W.2d 833, 837 1 This proceeding arises out of Cause No. 2008-CI-12331, filed in the 57th Judicial District Court, Bexar County, Texas. 04-08-00569-CV (Tex. 1992) (holding relator has burden of providing a sufficient record to establish right to mandamus relief). For these reasons, the petition is dismissed for lack of jurisdiction. PER CURIAM -2-
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