IN RE LUIS DANIEL SEPULVEDA, Relator

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Writ of Mandamus Denied, Writ of Injunction Dismissed, Opinion issued September 7, 2010
 
 
 
In The
Court of Appeals
Fifth District of Texas at Dallas
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No. 05-10-01112-CV
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IN RE LUIS DANIEL SEPULVEDA, Relator
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Original Proceeding from the 14th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-10-03186
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MEMORANDUM OPINION
Before Justices Moseley, Richter, and Murphy
Opinion by Justice Moseley
 
        Relator filed a “petition for injunction.” It identifies as respondent Judge Richard Davis, Jr., sitting by assignment as Judge of the 14th Judicial District Court. However, it asks this Court to enjoin Bruce Sherbet, Dallas County Elections Administrator, from “submitting the general election ballot” for printing while relator's appeal from an election contest is pending. Based on the record before us, to the extent relator has filed a petition for writ of mandamus, we conclude relator has not shown he is entitled to the relief requested. See Tex. R. App. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992). Accordingly, we DENY relator's petition for writ of mandamus. To the extent relator has filed a petition for writ of injunction, we conclude we do not have jurisdiction to enter such a writ in an election contest. See Tex. Elec. Code Ann. § 273.061 (Vernon 2010). Accordingly, we DISMISS relator's petition for writ of injunction.
 
 
                                                          
                                                          JIM MOSELEY
                                                          JUSTICE
101112F.P05
 
 

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