Opinion
No. 02-05-200-CV
Delivered: June 10, 2005.
Original Proceeding.
Panel A: WALKER, J.; CAYCE, C.J.; and GARDNER, J.
MEMORANDUM OPINION
See Tex.R.App.P. 47.4.
The court has considered relator's petition for writ of mandamus and is of the opinion that relief should be denied because we cannot mandamus a district clerk unless the clerk is interfering with our appellate jurisdiction. See Tex. Gov't Code Ann. § 22.221(a)-(b) (Vernon 2004) (court of appeals may only issue writ of mandamus against district and county judges or as necessary to enforce jurisdiction of appellate court); In re Coronado, 980 S.W.2d 691, 692 (Tex.App.-San Antonio 1998, orig. proceeding) (denying relief to relator because district clerk's alleged refusal to provide relator free copy of record to prepare writ of habeas corpus did not affect appellate court's jurisdiction). Accordingly, relator's petition for writ of mandamus is denied.