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In re Hayes

Court of Appeals of Texas, Fourteenth District, Houston
Aug 11, 2005
No. 14-05-00782-CV (Tex. App. Aug. 11, 2005)

Opinion

No. 14-05-00782-CV

Memorandum Opinion filed August 11, 2005.

Original Proceeding Writ of Mandamus.

Petition for Writ of Mandamus Dismissed.

Panel consists of Chief Justice HEDGES and Justices YATES and ANDERSON.


MEMORANDUM OPINION


On August 1, 2005, relator 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 his petition, relator sought to have this court compel Charles Bacarisse, the Harris County District Clerk, to file relator's petition asserting a tort claim against the Director of the Institutional Division of the Texas Department of Criminal Justice.

This court does not have mandamus jurisdiction over a district clerk unless it is shown that issuance of the writ is necessary to enforce our jurisdiction. TEX. GOV'T CODE ANN. § 22.221(a), (b) (Vernon 2004); In re Washington, 7 S.W.3d 181, 182 (Tex.App.-Houston [1st Dist.] 1999, orig. proceeding). Relator has made no such allegation or showing. Accordingly, we lack jurisdiction over this proceeding. We therefore dismiss the petition for writ of mandamus.


Summaries of

In re Hayes

Court of Appeals of Texas, Fourteenth District, Houston
Aug 11, 2005
No. 14-05-00782-CV (Tex. App. Aug. 11, 2005)
Case details for

In re Hayes

Case Details

Full title:IN RE CARL DOUGLAS HAYES, Relator

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

Date published: Aug 11, 2005

Citations

No. 14-05-00782-CV (Tex. App. Aug. 11, 2005)

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