in Re Gregory Dunsomore

• Court: Court of Appeals of Texas
• Decided: May 20, 2008
• Docket: 14-08-00385-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed for Want of Jurisdiction, and Memorandum Opinion filed May 20, 2008

Petition for Writ of Mandamus Dismissed for Want of Jurisdiction, and Memorandum Opinion filed May 20, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00385 -CV

IN RE GREGORY DUNSMORE, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On May 6, 2008, relator Gregory Dunsmore filed a petition for writ of mandamus in this Court.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); Tex. R. App. P. 52.1.  In the petition, relators requests that we compel the Harris County District Clerk and the clerk of the County Criminal Court at Law No. 14 to file his petition for writ of habeas corpus.

We do not have jurisdiction to issue a writ of mandamus against a district or county clerk unless it is necessary to enforce our jurisdiction.  See Tex. Gov=t Code Ann. ' 22.221; In re Washington, 7 S.W.3d 181, 181 (Tex. App.BHouston [1st Dist.] 1999, orig. proceeding).  Relator has not argued, nor does the mandamus record demonstrate, that a writ of mandamus is necessary to enforce our jurisdiction.

Accordingly, we dismiss the petition for writ of mandamus for want of jurisdiction.

PER CURIAM

Petitions Dismissed for Want of Jurisdiction and Memorandum Opinion filed, May 20, 2008.

Panel consists of Chief Justice Hedges, and Justices Fowler and Boyce.