In Re Roy Ray Beaty--Appeal from 359th District Court of Montgomery County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-07-183 CV
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IN RE ROY RAY BEATY
Original Proceeding
MEMORANDUM OPINION

Roy Ray Beaty filed a petition for writ of mandamus in this Court. See Tex. R. App. P. 52. The relator seeks to compel the District Clerk of Montgomery County to transmit a copy of his application for writ of habeas corpus and related documents to the Court of Criminal Appeals. We have authority to issue a writ of mandamus when necessary to enforce our jurisdiction and against district and county judges in our district. See Tex. Gov't Code Ann. 22.221 (Vernon 2004). Jurisdiction over post-conviction habeas proceedings rests exclusively with the Court of Criminal Appeals. Tex. Code Crim. Proc. Ann. art. 11.07, 3 (Vernon 2005); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995). Mandamus relief in a post-conviction habeas proceeding must be obtained from the Court of Criminal Appeals. In re McAfee, 53 S.W.3d 715, 718 (Tex. App.--Houston [1st Dist.] 2001, orig. proceeding).

The relator's petition for writ of mandamus fails to establish that relief is necessary to enforce our jurisdiction. Accordingly, the petition is denied.

WRIT DENIED.

PER CURIAM

Opinion Delivered May 3, 2007

Before McKeithen, C.J., Gaultney and Kreger, JJ.