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In re Allen

Court of Appeals of Texas, Fourteenth District, Houston
Jun 3, 2010
No. 14-10-00451-CV (Tex. App. Jun. 3, 2010)

Opinion

No. 14-10-00451-CV

Opinion filed June 3, 2010.

Original Proceeding, Writ of Mandamus.

Panel consists of Justices ANDERSON, FROST, and SEYMORE.


MEMORANDUM OPINION


On May 20, 2010, relator, Charles Anthony Allen, Sr., 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. In the petition, relator asks this Court to compel Gay Wells, Grimes County District Clerk, to file relator's complaints and motions.

A court of appeals has no general writ power over a person — other than a judge of a district or county court — unless issuance of the writ is necessary to enforce the court's jurisdiction. See Tex. Gov't Code Ann. § 22.221. A court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce its jurisdiction. In re Washington, 7 S.W.3d 181, 182 (Tex. App.-Houston 1999, orig. proceeding). Relator has not shown that a writ of mandamus directed to the district clerk is necessary to enforce our jurisdiction. Therefore, we do not have jurisdiction to issue a writ of mandamus against the district clerk.

Accordingly, relator's petition for writ of mandamus is dismissed for lack of jurisdiction.


Summaries of

In re Allen

Court of Appeals of Texas, Fourteenth District, Houston
Jun 3, 2010
No. 14-10-00451-CV (Tex. App. Jun. 3, 2010)
Case details for

In re Allen

Case Details

Full title:IN RE CHARLES ANTHONY ALLEN, SR., Relator

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Jun 3, 2010

Citations

No. 14-10-00451-CV (Tex. App. Jun. 3, 2010)