in Re Dwayne Andre Tyson

• Court: Court of Appeals of Texas
• Decided: November 4, 2010
• Docket: 14-10-01035-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed November 4, 2010.

In The

Fourteenth Court of Appeals

NO. 14-10-01035-CR

In Re Dwayne Andre Tyson, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

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.

                                                                                    PER CURIAM

Panel consists of Justices Anderson, Frost, and Brown.

Do Not Publish — Tex.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