IN RE: LUIS DANIEL SEPULVEDA (2010)

MEMORANDUM OPINION

Opinion by Justice Moseley

Relator filed a “petition for injunction.”   It identifies as respondent Judge Richard Davis, Jr., sitting by assignment as Judge of the 14th Judicial District Court.   However, it asks this Court to enjoin Bruce Sherbet, Dallas County Elections Administrator, from “submitting the general election ballot” for printing while relator's appeal from an election contest is pending.   Based on the record before us, to the extent relator has filed a petition for writ of mandamus, we conclude relator has not shown he is entitled to the relief requested.   See Tex.R.App. P. 52.8(a);  Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex.1992).   Accordingly, we DENY relator's petition for writ of mandamus.   To the extent relator has filed a petition for writ of injunction, we conclude we do not have jurisdiction to enter such a writ in an election contest.   See Tex. Elec.Code Ann. § 273.061 (Vernon 2010).   Accordingly, we DISMISS relator's petition for writ of injunction.

101112F.P05

JIM MOSELEY JUSTICE