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In re Noel

Court of Appeals of Texas, Fourteenth District, Houston
Jul 26, 2011
No. 14-11-00614-CR (Tex. App. Jul. 26, 2011)

Opinion

No. 14-11-00614-CR

Opinion filed July 26, 2011. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).

Original Proceeding Writ of Mandamus. On Appeal from the 263rd District Court, Harris County, Texas, Trial Court No. 1302670.

Panel consists of Chief Justice HEDGES and Justices SEYMORE and BOYCE.


MEMORANDUM OPINION


On July 18, 2011, relator, Ronald A. Neal, filed a petition for writ of mandamus in this court. See Tex. Gov't Code § 22.221; see also Tex. R. App. P. 52.1. In his petition, realtor asks that we direct the Harris County District Clerk to file his petition for writ of habeas corpus. This court's mandamus jurisdiction is governed by section 22.221 of the Texas Government Code. Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to: (1) writs against a district court judge or county court judge in the court of appeals' district, and (2) all writs necessary to enforce the court of appeals' jurisdiction. Tex. Gov't Code § 22.221. This court does not have mandamus jurisdiction over a district clerk unless such is necessary to enforce the court's jurisdiction. See In re Washington, 7 S.W.3d 181, 182 (Tex. App.-Houston [1st Dist.] 1999, orig. proceeding) (mem. op.). Because the petition for writ of mandamus is directed toward the Harris County District Clerk and is not necessary to enforce this court's jurisdiction, we lack jurisdiction to grant the requested relief. See Tex. Gov't Code § 22.221(b)(1). Accordingly, the petition for writ of mandamus is ordered dismissed.


Summaries of

In re Noel

Court of Appeals of Texas, Fourteenth District, Houston
Jul 26, 2011
No. 14-11-00614-CR (Tex. App. Jul. 26, 2011)
Case details for

In re Noel

Case Details

Full title:IN RE RONALD A. NOEL, Relator

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

Date published: Jul 26, 2011

Citations

No. 14-11-00614-CR (Tex. App. Jul. 26, 2011)