in Re Gerald J. Durden

• Court: Court of Appeals of Texas
• Decided: June 14, 2011
• Docket: 14-11-00459-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed June 14, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-11-00459-CR

IN RE GERALD J. DURDEN, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

248^th District Court

Harris County, Texas

Trial Court No. 905,464

MEMORANDUM OPINION

            On May 24, 2011, Relator, Gerald J. Durden, 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 “send communicated copies of documents filed in his office to relator . . .”           

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 petitions for writ of mandamus are ordered dismissed.

                                                            PER CURIAM

Panel consists of Justices Anderson, Brown, and Christopher.

Do Not Publish — Tex.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