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In re Deeringer

Court of Appeals of Texas, Ninth District, Beaumont
Mar 17, 2005
No. 09-05-092 CV (Tex. App. Mar. 17, 2005)

Opinion

No. 09-05-092 CV

Opinion Delivered March 17, 2005.

Original Proceeding.

Writ Denied.

Before McKEITHEN, C.J., GAULTNEY and HORTON, JJ.


MEMORANDUM OPINION

Tex.R.App.P. 47.4.


Brett Wesley Deeringer, who is an inmate confined in the Institutional Division of the Texas Department of Criminal Justice, seeks mandamus relief to compel Barbara Adamick, the Montgomery County District Clerk, to forward his post-conviction petition for writ of habeas corpus to the Court of Criminal Appeals. See Tex. Code Crim. Proc. Ann. art. 11.07, § 3(c) (Vernon Supp. 2005).

The district clerk is not one of the persons against whom we may issue a writ of mandamus other than to protect our jurisdiction, and the relator has not shown that the writ is necessary to enforce our jurisdiction. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004). Therefore, the relator has not shown that he is entitled to the relief sought. The petition for writ of mandamus, filed March 9, 2005, is denied.


Summaries of

In re Deeringer

Court of Appeals of Texas, Ninth District, Beaumont
Mar 17, 2005
No. 09-05-092 CV (Tex. App. Mar. 17, 2005)
Case details for

In re Deeringer

Case Details

Full title:IN RE BRETT WESLEY DEERINGER

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Mar 17, 2005

Citations

No. 09-05-092 CV (Tex. App. Mar. 17, 2005)