In Re Marvin Gabriel Holmes Appeal from Criminal District Court of Jefferson County (memorandum opinion per curiam)

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In The Court of Appeals Ninth District of Texas at Beaumont ___________________ NO. 09-15-00501-CR ___________________ IN RE MARVIN GABRIEL HOLMES __________________________________________________________________ Original Proceeding Criminal District Court of Jefferson County, Texas Trial Cause No. 08-04992-A __________________________________________________________________ MEMORANDUM OPINION Relator Marvin Gabriel Holmes filed a writ of mandamus, in which he asks this Court to compel the district clerk to send a file-stamped copy to Holmes of his motion for judgment nunc pro tunc. Except in a case in which we are enforcing our jurisdiction, the district clerk is not a person against whom we may issue a writ of mandamus. See Tex. Gov’t Code Ann. § 22.221(a), (b) (West 2004); In re Pennington, No. 09-08-370 CV, 2008 WL 4425521, at *1 (Tex. App.—Beaumont Oct. 2, 2008, orig. proceeding) (mem. op.). Based on the fact alleged in Holmes’ writ, Holmes has not shown that 1 issuing a writ against the district clerk is necessary to enforce our jurisdiction. Accordingly, Holmes is not entitled to the relief sought. We deny Holmes’ petition seeking a writ. See Tex. R. App. P. 52.8(a). PETITION DENIED. PER CURIAM Submitted on December 22, 2015 Opinion Delivered December 23, 2015 Do Not Publish Before Kreger, Horton, and Johnson, JJ. 2

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