Green v. Harris County DA's Office
(Tex.App.- Houston [1st Dist.] Jun. 11, 2009)(Sharp) (expunction petition denied, frivolous suit dismissal)
AFFIRM TC JUDGMENT:   
Before Justices Taft, Bland and Sharp.
Opinion by Jim Sharp
01-07-00917-CV Anthony Ray Green v. Harris County District Attorney's Office, County Clerk of Harris
County, and Sheriff of Harris County
Appeal from 295th District Court of Harris County
Trial Court Judge:
Hon. Tracy Christopher

Opinion June 11, 2009

In The

Court of Appeals

For The

First District of Texas

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NO. 01-07-00917-CV

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ANTHONY RAY GREEN, Appellant

V.

HARRIS COUNTY DISTRICT ATTORNEY’S OFFICE, COUNTY CLERK OF HARRIS COUNTY, AND
SHERIFF OF HARRIS COUNTY, Appellees
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On Appeal from the 295th District Court

Harris County, Texas

Trial Court Cause No. 2007-36758

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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.  
                                   Justice Tim Taft, who retired from the First Court of Appeals on June 1,2009,
continues to sit by assignment for the disposition of this case,which was submitted on April 6, 2009.


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