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In re Tyson

Court of Appeals of Texas, Fourteenth District, Houston
Nov 4, 2010
No. 14-10-01035-CR (Tex. App. Nov. 4, 2010)

Opinion

No. 14-10-01035-CR

Opinion filed November 4, 2010. DO NOT PUBLISH — Tex. R. App. P. 47.2(b).

Original Proceeding. Writ of Mandamus.

Panel consists of Justices ANDERSON, FROST, and BROWN.


MEMORANDUM OPINION


On October 25, 2010, relator Dwayne Andre Tyson filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Loren Jackson, Harris County District Clerk, to send a copy of an affidavit filed in another proceeding to him. 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 Ann. § 22.221 (West 2004). We have no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce our jurisdiction. See In re Washington, 7 S.W.3d 181, 182 (Tex. App.-Houston [1st Dist.] 1999, orig. proceeding). 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 have no jurisdiction. See Tex. Gov't Code Ann. § 22.221(b)(1). Accordingly, the petition for writ of mandamus is ordered dismissed.


Summaries of

In re Tyson

Court of Appeals of Texas, Fourteenth District, Houston
Nov 4, 2010
No. 14-10-01035-CR (Tex. App. Nov. 4, 2010)
Case details for

In re Tyson

Case Details

Full title:IN RE DWAYNE ANDRE TYSON, Relator

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

Date published: Nov 4, 2010

Citations

No. 14-10-01035-CR (Tex. App. Nov. 4, 2010)