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In re Colemak

Court of Appeals of Texas, Fourteenth District, Houston
Jul 3, 2007
No. 14-07-00452-CV (Tex. App. Jul. 3, 2007)

Opinion

No. 14-07-00452-CV

Decided: July 3, 2007. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).

ORIGINAL PROCEEDING WRIT OF MANDAMUS.

Panel consists of Justices ANDERSON, FOWLER, and FROST.


MEMORANDUM OPINION


Kenneth Coleman, acting pro se, has filed a Petition for Writ of Mandamus seeking this court's order compelling Charles Bacarisse, clerk of court of Harris County, to perform a purportedly "ministerial duty." It is unclear from relator's petition precisely what action he desires the respondent to take, but regardless, we are without jurisdiction to grant relief. This court's power to issue writs is defined in Section 22.221 of the Texas Government Code. Section 22.221 grants the court of appeals the authority to issue (1) writs of mandamus and other writs necessary to enforce their jurisdiction; (2) writs of mandamus against a judge of a district or county court in the court of appeals district; and (3) writs of habeas corpus under specifically defined circumstances involving contempt orders in civil cases. TEX. GOV'T CODE § 22.221 (Vernon 1988). We are not authorized to issue writs of mandamus against a clerk of court, and relator has not claimed or shown that the relief requested is necessary to enforce the jurisdiction of our court. This proceeding is, therefore, dismissed for lack of jurisdiction.


Summaries of

In re Colemak

Court of Appeals of Texas, Fourteenth District, Houston
Jul 3, 2007
No. 14-07-00452-CV (Tex. App. Jul. 3, 2007)
Case details for

In re Colemak

Case Details

Full title:IN RE KENNETH COLEMAN, Relator

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

Date published: Jul 3, 2007

Citations

No. 14-07-00452-CV (Tex. App. Jul. 3, 2007)