in Re Carl Douglas Hayes

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed August 11, 2005

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed August 11, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00782-CV

IN RE CARL DOUGLAS HAYES, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

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.CHouston [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.

PER CURIAM

Petition Dismissed and Memorandum Opinion filed August 11, 2005.

Panel consists of Chief Justice Hedges and Justices Yates and Anderson.