in Re David James

• Court: Court of Appeals of Texas
• Decided: May 17, 2011
• Docket: 14-11-00386-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed May 17, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-11-00386-CV

IN RE DAVID JAMES, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

281^st District Court

Harris County, Texas

Trial Court No. 2008-76278

MEMORANDUM OPINION

            On May 3, 2011, Relator, David James, 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 Harris County, Texas, Chris Daniel, to provide him with a copy of the clerk’s record in his appeal before this court, Appeal No. 14-10-1055-CV.[1]

            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 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.

                                                            PER CURIAM

Panel consists of Justices Anderson, Brown, and Christopher.

---

[1] The clerk’s record has been filed in this court.