In Re Dwayne Andre Tyson--Appeal from 337th District Court of Harris County
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Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed November 4, 2010. In The Fourteenth Court of Appeals NO. 14-10-01035-CR IN RE DWAYNE ANDRE TYSON, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS MEMORANDUM OPINION On October 25, 2010, relator Dwayne Andre Tyson filed a petition for writ of mandamus in this court. See Tex. Gov t Code Ann. §22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Loren Jackson, Harris County District Clerk, to send a copy of an affidavit filed in another proceeding to him. 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 (West 2004). We have no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce our jurisdiction. See In re Washington, 7 S.W.3d 181, 182 (Tex. App. Houston [1st Dist.] 1999, orig. proceeding). Because the petition for writ of mandamus is directed toward the Harris County District Clerk and 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 Anderson, Frost, and Brown. Do Not Publish Tex. R. App. P. 47.2(b). 2
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