TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-10-00409-CV

In re Manuel Caudillo Ramirez

ORIGINAL PROCEEDING FROM HAYS COUNTY

MEMORANDUM OPINION

Manuel Caudillo Ramirez asks this court to issue a writ of mandamus ordering Hollis Burklund to turn over an audiotape. This Court has the power to issue writs of mandamus only against a “(1) judge of a district or county court in the court of appeals district; or (2) judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district.” Tex. Gov’t Code Ann. § 22.221 (West 2004). There is no indication in Ramirez’s petition or Burklund’s response that Burklund fits in any of these categories. Consequently, we must deny Ramirez’s petition for writ of mandamus.

G. Alan Waldrop, Justice Before Chief Justice Jones, Justices Pemberton and Waldrop Filed: August 13, 2010