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In re Carraway

Court of Appeals For The First District of Texas
Jul 20, 2017
NO. 01-17-00453-CR (Tex. App. Jul. 20, 2017)

Opinion

NO. 01-17-00453-CR

07-20-2017

IN RE GREGORY CARRAWAY, Relator


Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Gregory Carraway, has filed a petition for a writ of mandamus seeking to compel the respondent "Harris County District Clerk or Post Conviction Section" to notify relator of their receipt and filing date of his article 11.07 writ of habeas corpus application in the underlying proceeding. We dismiss the petition for want of jurisdiction.

The underlying case is Ex parte Gregory Carraway, Cause No. 971663-C, pending in the 262nd District Court, Harris County, Texas, the Honorable Denise Bradley presiding.

This Court's mandamus jurisdiction is limited to: (1) issuance of writs of mandamus against a district court judge or county court judge in this Court's district and (2) issuance of writs of mandamus necessary to enforce our appellate jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a)-(b) (West 2004). Because relator's petition is directed at the district clerk or "Post Conviction Section," and not the district judge, and does not indicate that issuance of a writ is necessary to enforce our appellate jurisdiction, we lack jurisdiction to issue the writ. See id. § 22.221(a), (b)(1).

Accordingly, we dismiss the petition for a writ of mandamus for want of jurisdiction.

PER CURIAM Panel consists of Justices Higley, Bland, and Brown. Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

In re Carraway

Court of Appeals For The First District of Texas
Jul 20, 2017
NO. 01-17-00453-CR (Tex. App. Jul. 20, 2017)
Case details for

In re Carraway

Case Details

Full title:IN RE GREGORY CARRAWAY, Relator

Court:Court of Appeals For The First District of Texas

Date published: Jul 20, 2017

Citations

NO. 01-17-00453-CR (Tex. App. Jul. 20, 2017)