in Re: Ronald Kevin Perriott ( 2016 )

DISMISS; and Opinion Filed December 15, 2016.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-01432-CV
IN RE RONALD KEVIN PERRIOTT, Relator
Original Proceeding from the 194th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F84-84710
MEMORANDUM OPINION
Before Justices Lang-Miers, Evans, and Schenck
Opinion by Justice Lang-Miers
Before the Court is relator’s December 6, 2016 petition for writ of mandamus. Relator
was convicted of murder in 1984, this Court affirmed the conviction, and relator is serving a life
sentence. In this original proceeding, relator complains that Dallas County District Clerk Felicia
Pitre refused to provide him with the cost for obtaining a copy of the transcript of a suppression
hearing “A.K.A. Jackson v. Denno Hearing” that relator asserts he needs because he is
“reappealing” his conviction. Relator asks the Court to order the district clerk to (1) declare
relator indigent and provide him with “a loan copy” of the transcript for him to use to prepare his
new appeal, or (2) explain why the clerk will not release the record.
We do not have mandamus jurisdiction over a district clerk unless the clerk is interfering
with our appellate jurisdiction. TEX. GOV’T CODE § 22.221(a)-(b) (West 2004) (court of appeals
may only issue writ of mandamus against district and county judges or as necessary to enforce
jurisdiction of appellate court); In re Wilkerson, 05-16-00322-CV, 2016 WL 1320815, at *1
(Tex. App.—Dallas Apr. 5, 2016, orig. proceeding) (citing In re Simpson, 997 S.W.2d 939, 939
(Tex. App.—Waco 1999, orig. proceeding)). No appeal is pending before the Court and, thus,
the clerk’s actions and inactions are not interfering with the Court’s appellate jurisdiction.
Accordingly, we dismiss the petition for want of jurisdiction.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
161432F.P05
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