in Re Barry Emmett ( 2011 )

IN THE
TENTH COURT OF APPEALS
No. 10-11-00401-CV
IN RE BARRY EMMETT
Original Proceeding
MEMORANDUM OPINION
On October 20, 2011, relator, Barry Emmett, filed a petition for writ of mandamus
in this Court. See TEX. GOV’T CODE ANN. § 22.221 (West 2004); see also TEX. R. APP. P.
52.1. In his petition, relator complains that the Anderson County District Clerk and
Sheriff failed to carry out various ministerial duties.
This Court’s mandamus jurisdiction is governed by section 22.221 of the Texas
Government Code. See TEX. GOV’T CODE ANN. § 22.221. Section 22.221 expressly limits
the mandamus jurisdiction of the courts of appeals to: (1) writs against a district judge
or county court judge in the court of appeals’ district, and (2) all writs necessary to
enforce the court of appeals’ jurisdiction. Id. § 22.221(a)-(b). Here, Emmett complains
about the actions of officials in Anderson County, a county which is not within the
Tenth District of Texas.1 Moreover, Emmett does not direct his petition against a
district or county court judge. Because the petition for writ of mandamus is directed
toward officials who are not district or county court judges and are outside this Court’s
district and it is not necessary to enforce this Court’s jurisdiction, we lack jurisdiction
over this matter. See id. § 22.221(b)(1).
Accordingly, Emmett’s petition for writ of mandamus is ordered dismissed.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Dismissed
Opinion delivered and filed November 2, 2011
[OT06]
1 In fact, Anderson County is within the Twelfth District of Texas.
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