In re Marcie Lynn Dutschmann Schreck Appeal from 414th District Court of McLennan County (memorandum opinion)

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IN THE TENTH COURT OF APPEALS No. 10-22-00120-CV IN RE MARCIE LYNN DUTSCHMANN SCHRECK From the 414th District Court McLennan County, Texas Trial Court No. 2021-3814-5 Original Proceeding MEMORANDUM OPINION In her petition for writ of mandamus filed on April 26, 2022, relator, Marcie Lynn Dutschmann Schreck, seeks to compel certain actions by the Honorable Vicki L. Menard, Judge of the 414th District Court, and McLennan County District Clerk Jon R. Gimble. After review, we deny relator’s April 26, 2022 petition for writ of mandamus as to Judge Menard.1 In light of our disposition of this proceeding, the Court withdraws its request for a response. Furthermore, all pending motions are dismissed as moot. 1 With regard to the district clerk, we dismiss relator’s April 26, 2022 petition for writ of mandamus. See In re Smith, 263 S.W.3d 93, 95 (Tex. App.—Houston [1st Dist.] 2006, orig. proceeding) (noting that appellate courts do not have jurisdiction to issue a writ of mandamus against a district clerk unless such is necessary to enforce the jurisdiction of the appellate court); see also TEX. GOV’T CODE ANN. § 22.221(a)-(b). STEVE SMITH Justice Before Chief Justice Gray, Justice Johnson, and Justice Smith Petition denied Opinion delivered and filed May 11, 2022 [OT06] In re Schreck Page 2

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