In re Guadalupe Padilla (memorandum opinion)
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-21-00623-CV In re Guadalupe Padilla ORIGINAL PROCEEDING FROM TRAVIS COUNTY MEMORANDUM OPINION Relator Guadalupe Padilla, an inmate in the Texas Department of Criminal Justice, filed a pro se petition for writ of mandamus. See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52.1. Padilla’s petition requests issuance of a writ of mandamus directed to the Travis County District Clerk. However, as an intermediate appellate court, we may issue writs of mandamus only against a district judge or county judge sitting in our district, or to enforce our jurisdiction. See Tex. Gov’t Code § 22.221. We lack jurisdiction to issue a writ of mandamus against a district clerk unless doing so is necessary to enforce our jurisdiction. See id.; In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding); In re Simpson, 997 S.W.2d 939, 939 (Tex. App.—Waco 1999, orig. proceeding); In re Strickhausen, 994 S.W.2d 936, 936 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding). Here, Padilla failed to demonstrate that the exercise of our writ power is necessary to enforce our jurisdiction. Accordingly, the mandamus petition is dismissed for want of jurisdiction. __________________________________________ Darlene Byrne, Chief Justice Before Chief Justice Byrne, Justices Triana and Kelly Filed: December 8, 2021 2
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