in Re Jose Luis Arebalo ( 2006 )

MEMORANDUM OPINION

No. 04-06-00510-CV

IN RE Jose Luis AREBALO

Original Mandamus Proceeding ⁽¹⁾

PER CURIAM

Sitting: Alma L. López , Chief Justice

Sarah B. Duncan , Justice

Sandee Bryan Marion , Justice

Delivered and Filed: August 23, 2006

PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

Relator Jose Luis Arebalo has filed a petition for a writ of mandamus and a motion for leave to file his petition for a writ of mandamus. No leave is required to file a petition for writ of mandamus; therefore, we deny the motion for leave to file as moot.

In the petition, Arebalo alleges he mailed a "motion of prohibition" to the district clerk in Jim Wells County and the district clerk refused to file the motion. Arebalo asks this court to issue a writ of mandamus to compel the district clerk to file his motion. This court does not have mandamus jurisdiction over district clerks unless it is shown that issuance of the writ is necessary to enforce our jurisdiction. See Tex. Gov't Code Ann. § 22.221(a), (b) (Vernon 2004); In re Simpson, 997 S.W.2d 939 (Tex. App.--Waco 1999, orig. proceeding). Arebalo does not allege or show a writ is necessary to enforce our jurisdiction. We therefore dismiss the petition for lack of jurisdiction.

PER CURIAM

1. This proceeding arises out of Cause No. 91-03-7437, styled State of Texas v. Jose Luis Arebalo, filed in the 79th Judicial District Court, Jim Wells County, Texas.