in Re: Kim Wayne Burden ( 2004 )

6-96-028-CV Long Trusts v. Dowd

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00027-CV

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IN RE:

KIM WAYNE BURDEN

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Original Mandamus Proceeding

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Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

          Kim Wayne Burden has filed a petition for writ of mandamus in which he asks us to order the district clerk of the 276th Judicial District Court, Camp County, Texas, to issue citation in a lawsuit he states he has filed with that court against Charles Bailey.

          This Court has jurisdiction to issue a writ of mandamus against a "judge of a district or county court in the court of appeals district." Tex. Gov't Code Ann. § 22.221(b) (Vernon Supp. 2004). In the context of the facts alleged by Burden in this proceeding, we have no mandamus jurisdiction over a district clerk.

          We deny the petition.

                                                                           Donald R. Ross

                                                                           Justice

Date Submitted:      February 23, 2004

Date Decided:         February 24, 2004