In Re Donald Foster--Appeal from 163rd District Court of Orange County

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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00074-CV _________________ IN RE DONALD FOSTER ________________________________________________________________________ Original Proceeding ________________________________________________________________________ MEMORANDUM OPINION A petition for writ of mandamus filed by Donald Foster asks this Court to order the District Clerk to present to the trial court motions filed by Foster in three final criminal cases. Other than to protect the jurisdiction of the Court of Appeals, this Court s mandamus jurisdiction does not extend to the District Clerk. See Tex. Gov t Code Ann. § 22.221 (West 2004). A mandate of affirmance previously issued in each of the cases identified in the mandamus petition. Foster has not shown that the proceedings at issue implicate the jurisdiction of this Court. Accordingly, we deny the petition for writ of mandamus. PETITION DENIED. PER CURIAM Opinion Delivered March 10, 2011 Before McKeithen, C.J., Gaultney and Horton, JJ. 1

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