In Re Elloyd Johnson Appeal from 411th District Court of Polk County (memorandum opinion per curiam)

 Annotate this Case
Download PDF
In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-19-00284-CV __________________ IN RE ELLOYD JOHNSON __________________________________________________________________ Original Proceeding 411th District Court of Polk County, Texas Trial Cause No. CIV32131 __________________________________________________________________ MEMORANDUM OPINION Pro se relator Elloyd Johnson filed a petition for writ of mandamus, in which he asks this Court to compel the district clerk to file a document in trial cause number CIV32131. The trial court dismissed said cause as frivolous, and this Court issued an opinion dismissing Johnson’s appeal from the trial court’s judgment because Johnson failed to comply with notices from the Clerk of the Court regarding how to proceed in forma pauperis. Johnson v. Goss, No. 09-18-00416-CV, 2019 WL 1 470093, at *1 (Tex. App.—Beaumont Feb. 7, 2019, no pet.) (mem. op.); see also Tex. Civ. Prac. & Rem. Code Ann. § 14.004 (West 2017). The district clerk is not a person against whom we may issue a writ of mandamus other than to enforce our jurisdiction. See Tex. Gov’t Code Ann. § 22.221(a), (b) (West Supp. 2018). Johnson has not shown that issuance of a writ against the district clerk is necessary to enforce our jurisdiction. See id.; see also In re Pennington, No. 09-08-370-CV, 2008 WL 4425521, at *1 (Tex. App.—Beaumont Oct. 2, 2008, orig. proceeding) (mem. op.). Relator has not demonstrated that he is entitled to mandamus relief from this Court. Accordingly, we deny the petition for writ of mandamus. PETITION DENIED. PER CURIAM Submitted on September 11, 2019 Opinion Delivered September 12, 2019 Before McKeithen, C.J., Kreger and Johnson, JJ. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.