In Re: Hayward Jackson--Appeal from of County (majority)

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NO. 12-12-00168-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS IN RE: § HAYWARD JACKSON, § RELATOR § ORIGINAL PROCEEDING MEMORANDUM OPINION In this original proceeding, Relator Hayward Jackson seeks a writ of mandamus requiring Janice Staples, District Clerk of Anderson County, Texas (Respondent), to initiate process in relation to Relator s Appeal. A court of appeals has the authority to issue writs of mandamus against a judge of a district or county in the court of appeals district and all writs necessary to enforce its jurisdiction. TEX. GOV T CODE ANN. § 22.221 (West 2004). 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 this court s jurisdiction. See id.; 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 Respondent is appropriate to enforce this court s jurisdiction. Consequently, we have no authority to issue a writ of mandamus. Accordingly, the petition for writ of mandamus is dismissed for want of jurisdiction. All pending motions are dismissed as moot. SAM GRIFFITH Justice Opinion delivered May 23, 2012. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. (DO NOT PUBLISH)

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