In re Luna — Mandamus petition against district clerk dismissed for lack of jurisdiction

Case
In re Oscar Reyes Luna, Jr., Relator
Court
Texas Seventh Court of Appeals
Judge
Parker, C.J.; Yarbrough, J.; Pratt, J.
Date Decided
October 20, 2026
Docket No.
07-26-00441-CR; 07-26-00442-CR
Topics
Mandamus; Appellate Jurisdiction; District Clerks
Source
Read the full opinion

Background

Oscar Reyes Luna, Jr., a Texas inmate proceeding without counsel, filed a motion asking the Texas Seventh Court of Appeals to compel Potter County District Clerk Stephanie Menke to provide copies of documents purportedly filed in two of his criminal cases.

The court construed Luna’s filing as a petition for a writ of mandamus seeking relief in both criminal matters.

The Court’s Holding

The court held that it lacked jurisdiction to issue the requested writ. Under Texas Government Code section 22.221, the court may issue mandamus against a district or county court judge within its appellate district and may issue other writs necessary to enforce its jurisdiction.

Luna did not seek relief against a district or county court judge and did not show that a writ directed to the Potter County District Clerk was necessary to enforce the appellate court’s jurisdiction. The court therefore dismissed both original proceedings for want of jurisdiction.

Key Takeaways

  • A Texas intermediate appellate court’s mandamus authority does not generally extend to a district clerk.
  • A writ against a nonjudicial official may issue only when necessary to enforce the appellate court’s jurisdiction.
  • Because Luna made no such showing, the court dismissed rather than reaching the merits of his request for documents.

Why It Matters

The opinion underscores that mandamus relief depends on the appellate court’s statutory jurisdiction, not merely on a relator’s allegation that a court official has failed to act. A request directed at a district clerk must be tied to the court of appeals’ need to protect or enforce its own jurisdiction.

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