Court of Civil Appeals of Texas, 2011

in Re Gerald J. Durden

in Re Gerald J. Durden
Court of Civil Appeals of Texas · Decided December 15, 2011

in Re Gerald J. Durden

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed December 15, 2011.

In The Fourteenth Court of Appeals ____________ NO. 14-11-01044-CR ____________ IN RE GERALD J. DURDEN, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 248th District Court Harris County, Texas Trial Court Cause No. 905,464

MEMORANDUM OPINION On December 5, 2011, relator Gerald J. Durden filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann §22.221; see also Tex. R. App. P. 52.1.

Relator asks this court to compel Chris Daniel, the District Clerk of Harris County, Texas, to “immediately transmit a copy of the notice of appeal, the trial court’s certification of the defendant’s right to appeal and the date when as filed to all appropriate parties[.]”

This court’s mandamus jurisdiction is governed by section 22.221 of the Texas Government Code. Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to: (1) writs against a district court judge or county court judge in the court of appeals’ district, and (2) all writs necessary to enforce the court of appeals’ jurisdiction. Tex. Gov’t Code Ann. § 22.221. Because the petition for writ of mandamus is directed toward a district clerk and such mandamus relief is not necessary to enforce this court’s jurisdiction, we have no jurisdiction. See Tex. Gov’t Code Ann. § 22.221(b)(1).

Accordingly, the petition for writ of mandamus is ordered dismissed.

PER CURIAM

Panel consists of Justices Frost, Seymore, and Jamison.

Do Not Publish — Tex.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

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