in Re: Patrick Eugene Malley

• Court: Court of Appeals of Texas
• Decided: June 16, 2005
• Docket: 14-05-00458-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed June 16, 2005

Petition for Writ of Mandamus Denied and Memorandum Opinion filed June 16, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00458-CV

IN RE PATRICK EUGENE MALLEY, 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 12, 2005, 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 a writ of mandamus against the district clerk of Brazoria County requiring him to send documents to the Court of Criminal Appeals.

We have no authority to issue a writ of mandamus against a district clerk unless such is necessary to enforce our jurisdiction.  See In re Coronado, 980 S.W.2d 691, 692 (Tex. App.CSan Antonio 1998, orig. proceeding).  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 June 16, 2005.

Panel consists of Justices Edelman, Seymore, and Guzman.