Olin Nowlin v. William Stephens, Director ( 2013 )

Case: 13-10620 Document: 00512471808 Page: 1 Date Filed: 12/16/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 13-10620 December 16, 2013
Summary Calendar
Lyle W. Cayce
Clerk
OLIN RAY NOWLIN,
Petitioner-Appellant
v.
WILLIAM STEPHENS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,
Respondent-Appellee
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:13-CV-28
Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Olin Ray Nowlin, Texas prisoner # 824386, appeals the district court’s
dismissal of his petition for writ of mandamus, in which Nowlin asked the
district court to compel the Texas Court of Criminal Appeals to order the state
trial court to file his state postconviction application and brief that it had
refused to file in June 2012. Nowlin’s assertions that he was not seeking
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 13-10620 Document: 00512471808 Page: 2 Date Filed: 12/16/2013
No. 13-10620
mandamus relief, that the district court should have construed his petition as
a 28 U.S.C. § 2254 petition, and that the district court should have filed and
considered his mandamus petition as part of case number 4:04-CV-949-Y based
on newly discovered evidence are frivolous.
The appeal is without arguable merit and is DISMISSED as frivolous.
See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983); 5TH CIR. R. 42.2. Nowlin
is WARNED that any future frivolous filings in this court or any court subject
to this court’s jurisdiction will subject him to sanctions.
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