In re William D. Shannon--Appeal from 12th District Court of Walker County

IN THE

TENTH COURT OF APPEALS

No. 10-08-00112-CR

In re William D. Shannon

Original Proceeding

MEMORANDUM Opinion

William D. Shannon seeks a writ of mandamus compelling Respondent, the Honorable Robin Flowers, District Clerk of Walker County, to file pleadings he has tendered in connection with: (1) postconviction habeas proceedings under Chapter 11 of the Code of Criminal Procedure; and (2) asset forfeiture proceedings under Chapter 59 of the Code of Criminal Procedure. We will dismiss Shannon s request for mandamus relief.

This Court does not have jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce our jurisdiction. See Tex. Gov t Code Ann. 22.221(a), (b) (Vernon 2004); In re Washington, 7 S.W.3d 181, 182 (Tex. App. Houston [1st Dist.] 1999, orig. proceeding) (per curiam); see also HCA Health Servs. of Tex., Inc. v. Salinas, 838 S.W.2d 246, 248 (Tex. 1992) (orig. proceeding) (per curiam); In re Simpson, 997 S.W.2d 939, 939 (Tex. App. Waco 1999, orig. proceeding) (per curiam).

The relief sought by Shannon is not necessary to enforce this Court s jurisdiction. Therefore, because this Court does not have jurisdiction to issue a writ of mandamus against the district clerk, we dismiss Shannon s petition for want of jurisdiction.[1] See In re McAfee, 54 S.W.3d 460, 461 (Tex. App. Waco 2001, orig. proceeding) (per curiam).

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Petition dismissed

Opinion delivered and filed April 16, 2008

Do not publish

[OT06]

[1] Shannon is not necessarily without a remedy. See In re Bernard. 993 S.W.2d 453, 454-55 (Tex. App. Houston [1st Dist.] 1999, orig. proceeding) (O Connor, J., concurring)).