                                          In The

                                   Court of Appeals
                      Ninth District of Texas at Beaumont
                                _________________
                                  NO. 09-12-00584-CR
                                _________________


                              IN RE JOHN COLLIER JR.

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                           Original Proceeding
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                              MEMORANDUM OPINION

       John Collier Jr. filed a petition for writ of mandamus, in which he contends the

District Clerk in the county of the convicting court has unreasonably rejected his petition

for writ of habeas corpus. The Texas Government Code expressly limits our mandamus

jurisdiction to (1) writs necessary to enforce the jurisdiction of the court of appeals and

(2) writs against district or county court judges within the court of appeals’ district. Tex.

Gov’t Code Ann. § 22.221 (West 2004). We have no jurisdiction to issue a writ of

mandamus against a district clerk unless that action is necessary to enforce our

jurisdiction. See id. Collier is seeking post-conviction relief from a final felony

conviction, which does not implicate the jurisdiction of this Court. See Tex. Code Crim.

Proc. Ann. art. 11.07 (West Supp. 2012). Under these circumstances, mandamus relief

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must be obtained from the Court of Criminal Appeals. In re McAfee, 53 S.W.3d 715, 718

(Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). Accordingly, we deny the

petition for writ of mandamus.

      PETITION DENIED.

                                                          PER CURIAM



Opinion Delivered December 19, 2012
Do Not Publish

Before McKeithen, C.J., Gaultney and Horton, JJ.




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