in Re: Carl Douglas Hayes ( 2005 )

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                           NUMBER 13-05-00454-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

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                        IN RE CARL DOUGLAS HAYES

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                      On Petition for Writ of Mandamus ___________________________________________________________________

                     MEMORANDUM OPINION

       Before Chief Justice Valdez and Justices Hinojosa and Rodriguez

                            Per Curiam Memorandum Opinion^[1]

Relator, Carl Douglas Hayes, an inmate presently incarcerated at the Allred Unit of the Texas Department of Criminal Justice‑Institutional Division at Iowa Park, Texas, has filed a pro se petition for writ of mandamus.  Relator asks this Court to compel District Clerk Charles Bacarisse^[2] to file his petition alleging a tort claim action against Douglas Dretke, the director of the Texas Department of Criminal Justice, and the Pardon and Paroles Division.  Relator contends his petition was misfiled in federal court. We conclude, however, that we do not have jurisdiction to do so.  See Tex. Gov't Code Ann. ' 22.221(a), (b) (Vernon 2004) (governing the scope of the mandamus power of a court of appeals); In re Washington, 7 S.W.3d 181, 182 (Tex. App.‑Houston [1st Dist.] 1999, orig. proceeding) (providing court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk unless such is necessary to enforce its jurisdiction); see also Tex. Gov't Code Ann. ' 24.011 (Vernon 2004) (governing scope of the mandamus power of a district court); In re Steven Bernard, 993 S.W.2d 453, 454 (Tex. App.BHouston [1st Dist.] 1999, orig. proceeding) (J. O'Connor concurring) (explaining that, pursuant to section 24.011 of the Texas Government Code, "[w]hen a district clerk refuses to accept a pleading presented for filing, the party presenting the document may seek relief by filing an application for writ of mandamus in the district court.").

Moreover, appellant complains of the actions of Charles Bacarisse but does not refer to him as the District Clerk of Harris County.  If, in fact, appellant is complaining of the actions of the Harris County District Clerk, he should file this mandamus action in one of the two appellate courts located in Houston, Texas.  See Tex. Gov't Code Ann. ' 22.221(b)(1) (Vernon 2004) (providing that each court of appeals for a court of appeals district may issue writs of mandamus against a district judge in the court of appeals district).

Accordingly, we dismiss relator's petition for want of jurisdiction.

PER CURIAM

Memorandum Opinion delivered and

filed this the 22nd day of July, 2005.

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^[1]See Tex. R. App. P. 52.8(d) (AWhen denying relief, the court may hand down an opinion but is not required to do so.@); Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).

^[2]Charles Bacarisse is the District Clerk of Harris County, Texas.