IN RE: Adan Noel Mendoza (2016)

MEMORANDUM OPINION 1

Relator Adan Noel Mendoza seeks mandamus relief against the Tarrant County Clerk, the respondent.  Mendoza argues that the clerk failed to perform a ministerial duty by refusing to file his personal-injury complaint for failure to pay the required filing fees even though he provided proof that he was indigent.  We do not have jurisdiction to issue a writ of mandamus against a county clerk unless our jurisdiction is implicated by the clerk's action.  Tex. Gov't Code Ann. § 22.221(a) (West 2004).  The clerk's failure to file an original complaint does not implicate our jurisdiction;  thus, we may not issue the writ against the clerk.  See In re Wade, No. 03–15–00452–CV, 2015 WL 4606412, at *1 (Tex.App.—Austin July 28, 2015, orig. proceeding) (mem.op.);  In re Van Orden, No. 14–07–00588–CV, 2007 WL 2367623, at *1 (Tex.App.—Houston [14th Dist.] Aug. 21, 2007, orig. proceeding) (mem.op.).

We do note, however, that Mendoza originally filed his petition for writ of mandamus with the statutory county court.  The county clerk returned the petition to him unfiled because it was “against the County Court at Law” and instructed Mendoza to file the petition in this court, which he did.  But Mendoza was correct to file his petition for writ of mandamus against the county clerk in the statutory county court.  See Tex. Gov't Code Ann. § 25.0004(a) (West Supp.2015);  cf.  In re Garcia, No. 13–12–00485–CV, 2012 WL 3136113, at *1 (Tex.App.—Corpus Christi Aug. 1, 2012, orig. proceeding) (mem.op.)  (“[T]o the extent that issuance of citation may implicate the trial court's jurisdiction, the trial court, and not the appellate court, may issue a writ of mandamus to compel the district clerk to issue citation.”).  But as we have explained, we do not have jurisdiction to afford Mendoza the relief he requests.  Accordingly, we deny his petition.  See Tex.R.App. P. 52.8(a).

The clerk is ordered to send a copy of this order to Mendoza, the county clerk, and the county courts at law of Tarrant County.  See Tex.R.App. P. 12.6. The clerk also shall send a copy of Mendoza's petition, which we filed on April 29, 2016, to Mendoza at his last known address.

FOOTNOTES

1.   See Tex.R.App. P. 47.4.

PER CURIAM