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In re Ramirez

Court of Appeals of Texas, Third District, Austin
Aug 13, 2010
No. 03-10-00409-CV (Tex. App. Aug. 13, 2010)

Summary

denying petition for writ of mandamus because person against whom writ was to issue did not fit into either of categories listed in subsection 22.221(b) of government code

Summary of this case from In re Thompson

Opinion

No. 03-10-00409-CV

Filed: August 13, 2010.

Original Proceeding from Hays County.

Before Chief Justice JONES, Justices PEMBERTON and WALDROP.


MEMORANDUM OPINION


Manuel Caudillo Ramirez asks this court to issue a writ of mandamus ordering Hollis Burklund to turn over an audiotape. This Court has the power to issue writs of mandamus only against a "(1) judge of a district or county court in the court of appeals district; or (2) judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district." Tex. Gov't Code Ann. § 22.221 (West 2004). There is no indication in Ramirez's petition or Burklund's response that Burklund fits in any of these categories. Consequently, we must deny Ramirez's petition for writ of mandamus.


Summaries of

In re Ramirez

Court of Appeals of Texas, Third District, Austin
Aug 13, 2010
No. 03-10-00409-CV (Tex. App. Aug. 13, 2010)

denying petition for writ of mandamus because person against whom writ was to issue did not fit into either of categories listed in subsection 22.221(b) of government code

Summary of this case from In re Thompson
Case details for

In re Ramirez

Case Details

Full title:In re Manuel Caudillo Ramirez

Court:Court of Appeals of Texas, Third District, Austin

Date published: Aug 13, 2010

Citations

No. 03-10-00409-CV (Tex. App. Aug. 13, 2010)

Citing Cases

In re Thompson

Accordingly, I respectfully dissent from the opinion by the majority and would deny the petition for writ of…