in Re Billy Dean Caldwell

• Court: Court of Appeals of Texas
• Decided: May 27, 2010
• Docket: 14-10-00435-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed May 27, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00435-CR

IN RE BILLY DEAN CALDWELL, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

MEMORANDUM OPINION

            On May 18, 2010, Relator, Billy Dean Caldwell, 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. 52.1.  Relator requests we compel the District Clerk of Montgomery County, Texas, Barbara Gladden Adamick, to transmit documents regarding his application for writ of habeas corpus to the Texas Court of Criminal Appeals.

            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 (Vernon 2004).  Because the petition for writ of mandamus is directed toward a district clerk[1] 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 petitions for writ of mandamus are ordered dismissed.

                                                            PER CURIAM

Panel consists of Justices Brown, Sullivan, and Christopher.

Do Not Publish — Tex. R. App. P. 47.2(b).

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[1] We further note that Montgomery County is not a county within our district.