## NO. 12

- 21

- 00062

- CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

IN RE:

JAMES SKIP HULSEY ,
R

ELATOR §
§
§ ORIGINAL PROCEEDING

MEMORANDUM OPINION PER CURIAM James Skip Hulsey, an inmate acting pro se, filed this original pr oceeding to complain that Respondent, Cherokee County District Clerk Alison Dotson, failed to bring his notice of

cons ti tutional question to the trial court ’ s attention

. 1 However, a distr ict clerk is not a judge over which this Court has mandamus jurisdict ion;
nor does the record demonstrate that issuance of a writ of mandamus against Respondent is necessary to protect th is Court ’ s jurisdiction. 2 See T EX

. G OV ’ T C ODE A NN

. 22.221 (a), (b) (West Supp. 20 2 0 ) (writ power); see also In re Eaton , No. 12

– 15

– 00118

– CR, 2016 WL 68 76502, at *1 (Tex. App.

– Tyler, Nov. 22, 2016, orig. proceeding) (mem. op., not designated for publica tion) (appellate c ourt lac ked jurisdiction to consider merits of mandamus petition as to district clerk ); In re Vargas , No. 01

- 12

- 00351

- CV, 2012 WL 1454550 , at * 1 (Tex. App.

— Houston [1st Dist.] Apr. 26, 2012, orig. proceeding) (mem. op) (per curiam) (dismissing mandamus proceedi n g agains t district clerk for want of jurisdiction because addressing complaint that clerk refused to

1 The State of Texas is the Real Party in Interest.

2 For instance, we have jurisdiction to issue a writ of mandamus against a d istric t clerk for failure to forward to t his Court a notice of appeal delivered to the clerk for filing because such is necessary to enforce our jurisdicti on. In re Talkington , No. 12

- 07

- 00272

- CR, 2007 WL 2178551, at *1 (Tex. App.

— Tyler July 31, 2007, orig. pr oc eeding ) (mem. op., not designated for pub lication); see Ex parte Sanders , No. WR

- 80,356

- 01, 2013 W L 5872901, at *1 (Tex. Crim. App. Oct. 3 0, 2013) (order, not de signated for publication) (per curiam); see also In re Foster , No. 14

- 16

- 00698

- CR, 2016 WL 5853282, at *1 ( Tex. A pp.

— Houston [14th Dist.] Oct. 6, 2016, orig. proceeding) (mem. op., not designated for publication) (per curiam); In re Smith , 263 S.W.3d 93, 95 (Tex. App.

— Houston [1st Dist.] 2006, orig. proceeding)

.2 file petition was not necessa ry to enforce appellate court jurisdiction). Accordingl y, this Court lacks jur isdiction to grant mandamus relief under the ci rcumstances of this case

. W e dismiss the petition for writ of mandamus for want of jurisdiction

. Opinion delivered May 12 , 2021. P anel c onsisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(DO NOT PUBLISH)3 

## COURT OF APPEALS

TWEL FTH CO URT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

MAY 12 , 2021

NO. 12

- 21

- 00062

- CR

JAMES SKIP HULSEY , Re lator V.

ALISON DOTSON , Respondent

O RIGINAL P ROCEEDING

ON THIS DAY came to be heard the petition for writ of mandamus filed by
Ja mes Ski p Hulsey ; wh o i s the relator in appellate cause number 12

- 21

- 00062

- CR . Said petition for writ of mandamus having b ee n file d herein on April 22, 2021 , and the same having been duly considered, beca use it is t he opinion of this Court that it lacks ju risdict ion , it is ther efore CONSIDERED, ADJUDGED and ORDERED that the said petition for writ of mandamus be,
and the same is , here by dismissed for want of jurisdiction

. By per curiam opinion. Panel consis ted of Wort hen, C.J., Hoyle, J. and Neeley, J.