In Re: Kim Wayne Burden--Appeal from of County

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6-96-028-CV Long Trusts v. Dowd /**/

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

 

______________________________

 

No. 06-04-00027-CV

______________________________

 

IN RE:

KIM WAYNE BURDEN

 

Original Mandamus Proceeding

 

 

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Ross

 

MEMORANDUM OPINION

 

Kim Wayne Burden has filed a petition for writ of mandamus in which he asks us to order the district clerk of the 276th Judicial District Court, Camp County, Texas, to issue citation in a lawsuit he states he has filed with that court against Charles Bailey.

This Court has jurisdiction to issue a writ of mandamus against a "judge of a district or county court in the court of appeals district." Tex. Gov't Code Ann. 22.221(b) (Vernon Supp. 2004). In the context of the facts alleged by Burden in this proceeding, we have no mandamus jurisdiction over a district clerk.

We deny the petition.

Donald R. Ross

Justice

 

Date Submitted: February 23, 2004

Date Decided: February 24, 2004

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