Anthony Ray Green v. Harris County District Attorney's Office, County Clerk of Harris County, and Sheriff of Harris County

Opinion June 11, 2009










In The

Court of Appeals

For The

First District of Texas





NO. 01-07-00917-CV





ANTHONY RAY GREEN, Appellant


V.


HARRIS COUNTY DISTRICT ATTORNEY’S OFFICE, COUNTY CLERK OF HARRIS COUNTY, AND SHERIFF OF HARRIS COUNTY, Appellees





On Appeal from the 295th District Court

Harris County, Texas

Trial Court Cause No. 2007-36758





MEMORANDUM OPINION

          Appellant Anthony Ray Green filed a petition for expunction of his criminal records. See Tex. Code Crim. Proc. Ann. art. 55.02 (Vernon Supp. 2008). The Harris County District Attorney’s Office, County Clerk of Harris County, and Sheriff of Harris County filed answers to the expunction petition. The Harris County District Attorney’s Office filed a motion to dismiss the lawsuit as frivolous and a motion for summary judgment. See Tex. Civ. Prac. & Rem. Code Ann. §§ 14.001–.014 (Vernon 2002) (inmate litigation). The trial court granted the Harris County District Attorney’s Office’s motion for summary judgment and the motion to dismiss the lawsuit as frivolous.

          Green’s appeal challenges the summary judgment but not the dismissal based on Civil Practice and Remedies Code chapter 14. Accordingly, we do not reach Green’s contention that the trial court erred in rendering summary judgment because Green has not challenged the chapter 14 dismissal.


          We affirm the trial court’s judgment.

 

 

 

                                                             Jim Sharp

                                                             Justice

 

Panel consists of Justices Bland, Sharp, and Taft.