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COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-08-370-CV
IN RE JAMES EDWARD BELLS RELATOR
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ORIGINAL PROCEEDING
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MEMORANDUM OPINION[1]
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The court has considered relator=s petition for writ of mandamus and is of the opinion that relief should be denied.[2] Accordingly, relator=s petition for writ of mandamus is denied.
Relator shall pay all costs of this original proceeding, for which let execution issue.
PER CURIAM
PANEL: LIVINGSTON, DAUPHINOT, and MCCOY, JJ.
DELIVERED: October 7, 2008
[1]See Tex. R. App. P. 47.4.
[2]The Tarrant County District Clerk=s office has advised this court that it does not have any record of a pending petition having been filed by Relator. However, even if the district clerk=s office had received Relator=s pleading and refused to file it, this court would not have jurisdiction to issue a writ of mandamus against it. See Tex. Gov=t Code Ann. ' 22.221(b) (Vernon 2004). If, however, a district clerk=s office has refused to accept a pleading tendered for filing, the tendering party should attempt to file the pleading directly with the district judge, explaining in a verified motion that the clerk refused to accept the pleading for filing. See In re Bernard, 993 S.W.2d 453, 454 (Tex. App.CHouston [1st Dist.] 1999, original proceeding)(O=Connor, J., concurring).