in Re Gerald J. Durden ( 2011 )


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  • Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed June 14, 2011.

     

     

     

    In The

     

    Fourteenth Court of Appeals

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    NO. 14-11-00459-CR

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    IN RE GERALD J. DURDEN, Relator

     

     

       


    ORIGINAL PROCEEDING

    WRIT OF MANDAMUS

    248th District Court

    Harris County, Texas

    Trial Court No. 905,464

     

       


    MEMORANDUM OPINION

                On May 24, 2011, Relator, Gerald J. Durden, filed a petition for writ of mandamus in this Court.  See Tex. Gov’t Code Ann §22.221 (Vernon 2004); see also Tex. R. App. P. 52.1.  Relator requests we compel the District Clerk of Harris County, Texas, Chris Daniel, to “send communicated copies of documents filed in his office to relator . . .”           

    This Court’s mandamus jurisdiction is governed by section 22.221 of the Texas Government Code.  Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to:  (1) writs against a district court judge or county court judge in the court of appeals’ district, and (2) all writs necessary to enforce the court of appeals' jurisdiction. Tex. Gov’t Code Ann. § 22.221 (Vernon 2004).  Because the petition for writ of mandamus is directed toward a district clerk and is not necessary to enforce this court’s jurisdiction, we have no jurisdiction.  See Tex. Gov’t Code Ann. § 22.221(b)(1).

                Accordingly, the petitions for writ of mandamus are ordered dismissed.

                                                                PER CURIAM

     

    Panel consists of Justices Anderson, Brown, and Christopher.

    Do Not Publish — Tex. R. App. P. 47.2(b).

     

Document Info

Docket Number: 14-11-00459-CR

Filed Date: 6/14/2011

Precedential Status: Precedential

Modified Date: 9/23/2015