Court of Civil Appeals of Texas, 2005

in Re Brett Wesley Deeringer

in Re Brett Wesley Deeringer
Court of Civil Appeals of Texas · Decided March 17, 2005

in Re Brett Wesley Deeringer

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-05-092 CV

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IN RE BRETT WESLEY DEERINGER




Original Proceeding



MEMORANDUM OPINION (1)

Brett Wesley Deeringer, who is an inmate confined in the Institutional Division of the Texas Department of Criminal Justice, seeks mandamus relief to compel Barbara Adamick, the Montgomery County District Clerk, to forward his post-conviction petition for writ of habeas corpus to the Court of Criminal Appeals. See Tex. Code Crim. Proc. Ann. art. 11.07, § 3(c) (Vernon Supp. 2005).

The district clerk is not one of the persons against whom we may issue a writ of mandamus other than to protect our jurisdiction, and the relator has not shown that the writ is necessary to enforce our jurisdiction. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004). Therefore, the relator has not shown that he is entitled to the relief sought. The petition for writ of mandamus, filed March 9, 2005, is denied.

WRIT DENIED.

PER CURIAM



Opinion Delivered March 17, 2005

Before McKeithen, C.J., Gaultney and Horton, JJ.

1. Tex. R. App. P. 47.4.

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