In re Michael Anthony Moore Appeal from 272nd District Court of Brazos County (memorandum opinion)
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IN THE TENTH COURT OF APPEALS No. 10-20-00236-CR IN RE MICHAEL ANTHONY MOORE Original Proceeding MEMORANDUM OPINION In this original proceeding Michael Moore seeks mandamus relief against the district clerk. Moore states that he paid for a copy of the record in his case, but the clerk refuses to provide the record. A court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk except to protect or enforce its jurisdiction. See TEX. GOV’T CODE ANN. § 22.221 (West 2004); In re Bernard, 993 S.W.2d 453, 454 (Tex. App. — Houston [1st Dist.] 1999, orig. proceeding). Moore has not shown that a writ of mandamus directed to the district clerk is necessary to enforce our jurisdiction. 1 We dismiss Mack’s Petition for Writ of Mandamus against the clerk for want of jurisdiction. JOHN E. NEILL Justice Before Chief Justice Gray, Justice Davis, and Justice Neill Dismissed Opinion delivered and filed September 9, 2020 [OT06] The rather complicated process to compel the district clerk to perform a ministerial act is discussed in In re Bernard, 993 S.W.2d 453, 454 (Tex. App. — Houston [1st Dist.] 1999, orig. proceeding)(O’Connor Concurring). 1 In re Moore Page 2
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