in Re: Kenneth Coleman

• Court: Court of Appeals of Texas
• Decided: July 3, 2007
• Docket: 14-07-00452-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Opinion filed July 3, 2007

Petition for Writ of Mandamus Dismissed and Opinion filed July 3, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00452-CV

IN RE KENNETH COLEMAN, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

Kenneth Coleman, acting pro se, has filed a Petition for Writ of Mandamus seeking this court=s order compelling Charles Bacarisse, clerk of court of Harris County, to perform a purportedly Aministerial duty.@  It is unclear from relator=s petition precisely what action he desires the respondent to take, but regardless, we are without jurisdiction to grant relief.             This court=s power to issue writs is defined in Section 22.221 of the Texas Government Code.  Section 22.221 grants the court of appeals the authority to issue (1) writs of mandamus and other writs necessary to enforce their jurisdiction; (2) writs of mandamus against a judge of a district or county court in the court of appeals district; and (3) writs of habeas corpus under specifically defined circumstances involving contempt orders in civil cases.  Tex. Gov=t Code '22.221 (Vernon  1988).  We are not authorized to issue writs of mandamus against a clerk of court, and relator has not claimed or shown that the relief requested is necessary to enforce the jurisdiction of our court.  This proceeding is, therefore, dismissed for lack of jurisdiction.

PER CURIAM

Petition Dismissed and Memorandum Opinion filed July 3, 2007.

Panel consists of Justices Anderson, Fowler, and Frost.

Do Not Publish B Tex.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