in Re: Jesse Herrera

• Court: Court of Appeals of Texas
• Decided: September 23, 2004
• Docket: 14-04-00890-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed September 23, 2004

Petition for Writ of Mandamus Denied and Memorandum Opinion filed September 23, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00890-CV

IN RE JESSE HERRERA, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On September 13, 2004, 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. 

Relator seeks to compel the Harris County District Clerk to file documents in  cause number 2004-21542.  Although it appears the District Clerk has made a clerical error, this court may issue a writ of mandamus against a district clerk only when necessary to enforce the jurisdiction of this court.  Tex. Gov=t Code Ann. ' 22.221(a) (Vernon 2004).  Because relator does not allege that the district clerk is interfering with our jurisdiction, relator has not established that he is entitled to mandamus relief. 

Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed September 23, 2004.

Panel consists of Justices Anderson, Hudson, and Frost.