Opinion
10-22-00120-CV
05-11-2022
IN RE MARCIE LYNN DUTSCHMANN SCHRECK
From the 414th District Court McLennan County, Texas Trial Court No. 2021-3814-5.
Original Proceeding
Before Gray, Chief Justice, Johnson, Justice and Smith, Justice.
MEMORANDUM OPINION
STEVE SMITH, Justice.
In her petition for writ of mandamus filed on April 26, 2022, relator, Marcie Lynn Dutschmann Schreck, seeks to compel certain actions by the Honorable Vicki L. Menard, Judge of the 414th District Court, and McLennan County District Clerk Jon R. Gimble. After review, we deny relator's April 26, 2022 petition for writ of mandamus as to Judge Menard.
In light of our disposition of this proceeding, the Court withdraws its request for a response. Furthermore, all pending motions are dismissed as moot.
With regard to the district clerk, we dismiss relator's April 26, 2022 petition for writ of mandamus. See In re Smith, 263 S.W.3d 93, 95 (Tex. App.-Houston [1st Dist] 2006, orig. proceeding) (noting that appellate courts do not have jurisdiction to issue a writ of mandamus against a district clerk unless such is necessary to enforce the jurisdiction of the appellate court); see also Tex. Gov't Code Ann. § 22.221(a)-(b).
Petition denied