In Re Laud Richard Nelson v. the State of Texas

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed
January 18, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00025-CR

IN RE LAUD RICHARD NELSON, Relator

ORIGINAL PROCEEDING
WRIT OF MANDAMUS
337th District Court
Harris County, Texas
Trial Court Cause No. 769937

MEMORANDUM OPINION

On January 12, 2024, Laud Richard Nelson, acting pro se, filed a petition for
writ of mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex.
R. App. P. 52. In the petition, relator asks this Court to compel Marilyn Burgess,
Clerk of Court of Harris County, to perform a “ministerial duty” by forwarding
records essential to his case.

This court’s power to issue writs is defined in section 22.221 of the Texas
Government Code. Section 22.221 grants the court of appeals the authority to
issue (1) writs of mandamus and other writs necessary to enforce their jurisdiction;
(2) writs of mandamus against a judge of a district or county court in the court of
appeals district; and (3) writs of habeas corpus under specifically defined
circumstances involving contempt orders in civil cases. See Tex. Gov’t Code
§ 22.221. We are not authorized to issue writs of mandamus against clerks of
court, and Nelson has not claimed or shown that the relief requested is necessary to
enforce the jurisdiction of our court. See In re Bunton, No. 14-07-00651-CV, 2007
WL 2301413, at *1 (Tex. App.—Houston [14th Dist.] Aug. 14, 2007, orig.
proceeding) (mem. op.) (per curiam). This proceeding is, therefore, dismissed for
lack of jurisdiction.

PER CURIAM

Panel consists of Justices Hassan, Poissant, and Wilson.
Do Not Publish — Tex. R. App. P. 47.2(b).

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