IN RE: Juan Manuel Marquez (2010)

MEMORANDUM Opinion

Juan Manuel Marquez seeks a writ of mandamus compelling Respondent, the Honorable David R. Lloyd, District Clerk of Johnson County, to transmit certain records to the trial court.¹  However, this Court can issue a writ of mandamus against a district clerk only when necessary to protect or enforce our jurisdiction.   See Tex. Gov't Code Ann. §§ 22.221(a) (Vernon 2004);  In re Simmonds, 271 S.W.3d 874, 879 (Tex.App.-Waco 2008, orig. proceeding).   The relief Marquez seeks does not impact our jurisdiction.   Accordingly, we deny his mandamus petition.²

[OT06]

FOOTNOTES

FN1. We apply Rule of Appellate Procedure 2 and disregard numerous deficiencies in Marquez's mandamus petition and the accompanying motion for leave to file the mandamus petition, including his failure to serve copies of these documents on Respondent or the prosecutor.   See Tex.R.App. P. 2..  FN1. We apply Rule of Appellate Procedure 2 and disregard numerous deficiencies in Marquez's mandamus petition and the accompanying motion for leave to file the mandamus petition, including his failure to serve copies of these documents on Respondent or the prosecutor.   See Tex.R.App. P. 2.

FN2. We dismiss the motion for leave to file the mandamus petition as moot because such a motion is not required under the current appellate rules.   See Tex.R.App. P. 52 cmt.;  In re McGee, 213 S.W.3d 405, 406 n.2 (Tex.App.-Houston [1st Dist.] 2006, orig. proceeding) (per curiam)..  FN2. We dismiss the motion for leave to file the mandamus petition as moot because such a motion is not required under the current appellate rules.   See Tex.R.App. P. 52 cmt.;  In re McGee, 213 S.W.3d 405, 406 n.2 (Tex.App.-Houston [1st Dist.] 2006, orig. proceeding) (per curiam).

FELIPE REYNA Justice