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Court of Appeals of Texas, Dallas.

IN RE: W.O.H., Relator

No. 05–15–00903–CV

Decided: July 30, 2015

Before Chief Justice Wright, Justice Bridges, and Justice Stoddart


Relator filed this petition for writ of mandamus complaining that the district clerk has failed to transmit his “Motion to Rectify Jurisdiction of a Child and Proceed through Texas Family Code Section 54.02” and “Motion for Bench Warrant” to the juvenile court.   The Court's power to issue a writ of mandamus is set forth in section 22.221 of the Texas Government Code. Because the Dallas County District Clerk is not a judge, the district clerk falls within our mandamus jurisdiction only to the extent necessary to enforce our jurisdiction.   See Tex. Gov't Code Ann.. § 22.221(a), (b) (West 2004) (granting writ power to courts of appeals).   There is no pending or imminent appeal of relator's conviction, which has become final.   This Court does not have jurisdiction over any post-conviction habeas corpus proceeding relator may seek to bring to collaterally attack his conviction.   See Tex.Code Crim. P. Ann.. art. 11.05 (West 2005) (by whom writ may be granted).   Therefore, any inaction by the district clerk does not impact our jurisdiction.

We dismiss the petition for lack of jurisdiction.

Opinion by Justice Stoddart