in Re: Kenneth Sherman

• Court: Court of Appeals of Texas
• Decided: November 15, 2007
• Docket: 14-07-00828-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed November 15, 2007

Petition for Writ of Mandamus Denied and Memorandum Opinion filed November 15, 2007.

In The

Fourteenth Court of Appeals

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NO. 14-07-00828-CV

IN RE KENNETH SHERMAN, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

Kenneth Sherman, acting pro se, has filed an Application for Writ of Mandamus requesting this court to order Charles Bacarisse, as Harris County District Clerk, to undertake certain actions.  This Court=s power to issue writs is defined in Section 22.221 of the Texas Government Code.  Section 22.221 grants the courts 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 clerks of court, and Sherman 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.^[1]

PER CURIAM

Petition Denied and Memorandum Opinion filed November 15, 2007.

Panel consists of Chief Justice Hedges and Justices Fowler and Frost.

Do Not Publish B Tex.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

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^[1]  Relator=s petition, filed on October 8, 2007, identifies Charles Bacarisse as the Harris County District Clerk.  On September 11, 2007, however, Theresa Chang became the Harris County District Clerk.  This error is of no consequence to our disposition of this proceeding.