In Re: Barney Joe Donalson, Jr. v. the State of Texas

NO. 12-24-00114-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

IN RE: §
ORIGINAL PROCEEDING
BARNEY JOE DONALSON, JR., §

RELATOR §

MEMORANDUM OPINION
PER CURIAM
Barney Joe Donalson, Jr., acting pro se, filed this original proceeding to complain of
Respondent, Van Zandt County Clerk Susan Strickland’s failure and refusal to record an
executed, notarized affidavit of unknown cemetery. 1
This Court’s mandamus authority is limited to (1) a judge of a district, statutory county,
statutory probate county, or county court in the court of appeals district; (2) a judge of a district
court who is acting as a magistrate at a court of inquiry under Texas Code of Criminal Procedure
Chapter 52 in the court of appeals district; (3) an associate judge of a district or county court
appointed by a judge under Chapter 201, Family Code, in the court of appeals district for the
judge who appointed the associate judge; or (4) a situation in which a writ of mandamus is
necessary to protect the Court’s jurisdiction. TEX. GOV’T CODE ANN. § 22.221(a), (b) (West
2005). The County Clerk is not a judge over which this Court possesses mandamus authority.
In re Buckner, No. 12-23-00323-CV, 2024 WL 110690, at *1 (Tex. App.—Tyler Jan. 10, 2024,
orig. proceeding) (per curiam) (mem. op.); In re Emerson, Nos. 12-20-00068-CR & 12-20-
00069-CR, 2020 WL 1536510, at *2 (Tex. App.—Tyler Mar. 31, 2020, orig. proceeding) (mem.

1
Relator does not identify a Real Party in Interest and the record does not demonstrate the identity of any
Real Party in Interest.
op.); see In re Dotson, No. 12-20-00205-CV, 2020 WL 5552626 (Tex. App.—Tyler Sept. 16,
2020, orig. proceeding) (per curiam) (mem. op.) (dismissing mandamus proceeding against
district clerk for want of jurisdiction). Nor does the record demonstrate that issuance of a writ
of mandamus against the County Clerk is necessary to protect this Court’s jurisdiction. See
generally 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
proceeding against district clerk for want of jurisdiction because addressing complaint that clerk
refused to file petition was not necessary to enforce appellate court jurisdiction). Accordingly,
we deny Relator’s petition for writ of mandamus.

Opinion delivered May 8, 2024.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

2
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT

MAY 8, 2024

NO. 12-24-00114-CV

BARNEY JOE DONALSON, JR.,
Relator
V.

SUSAN STRICKLAND,
Respondent

ORIGINAL PROCEEDING

ON THIS DAY came to be heard the petition for writ of mandamus filed by
Barney Joe Donalson, Jr.; who is the relator in appellate cause number 12-24-00114-CV. Said
petition for writ of mandamus having been filed herein on April 29, 2024, and the same having
been duly considered, because it is the opinion of this Court that the writ should not issue, it is
therefore CONSIDERED, ADJUDGED and ORDERED that the said petition for writ of
mandamus be, and the same is, hereby denied.
By per curiam opinion.
Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.