In Re: Massey Lee Moore--Appeal from 3rd District Court of Houston County

NO. 12-05-00183-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: MASSEY LEE MOORE, ORIGINAL PROCEEDING

MEMORANDUM OPINION

Relator Massey Lee Moore, proceeding pro se and informa pauperis, seeks a writ of mandamus against Pam Pugh, in her capacity as District Clerk of Houston County, Texas. Specifically, he requests that Pugh be compelled to file his original petition in an action styled Massey Lee Moore v. Burger King QLFW, Inc., place the cause on her docket, and issue citation against the defendant.

A court of appeals has the authority to issue writs of mandamus against a judge of a district or county court in the court of appeals district and all writs necessary to enforce its jurisdiction. Tex. Gov t Code Ann. 22.221(b) (Vernon 2004-05). In order for a district clerk to fall within our jurisdictional reach, it must be established that the issuance of the writ of mandamus is necessary to enforce our jurisdiction. See id. 22.221(a), (b); In re Coronado, 980 S.W.2d 691, 692-93 (Tex. App. San Antonio 1998, orig. proceeding). Relator has not demonstrated that the exercise of our mandamus authority against the respondent is appropriate to enforce our jurisdiction. Consequently, we deny the writ of mandamus.

JAMES T. WORTHEN

Chief Justice

Opinion delivered June 15, 2005.

Panel consisted of Worthen, C.J., Griffith, J. and DeVasto, J.

(PUBLISH)