in Re: Joseph Nash ( 2015 )

DISMISS; and Opinion Filed May 11, 2015.
Court of Appeals
S In The
Fifth District of Texas at Dallas
No. 05-15-00587-CV
IN RE JOSEPH NASH, Relator
On Appeal from the Criminal District Court No. 7
Dallas County, Texas
Trial Court Cause No. F12-54141-Y
MEMORANDUM OPINION
Before Justices Lang, Fillmore, and Brown
Opinion by Justice Brown
Relator Joseph Nash filed a pro se petition for writ of mandamus asking that we order
Dallas County District Clerk “Gary Fitzsimmons” 1 to provide him with a copy of the record in
this case so that relator can prepare “for an appeal to a higher court of his conviction imposed”
by the trial court. Relator also asserts that he needs the documents to seek redress by “habeas
corpus relief.” We dismiss the petition for lack of jurisdiction.
The Court’s power to issue a writ of mandamus is set forth in section 22.221 of the Texas
Government Code. Because the Dallas County District Clerk is not a judge, the district clerk
falls within our mandamus jurisdiction only to the extent necessary to enforce our jurisdiction.
See TEX. GOV’T CODE ANN. § 22.221(a), (b) (West 2004) (writ power).
There is no appeal pending in this Court regarding relator’s conviction, and this Court
does not have jurisdiction over post-conviction habeas corpus proceedings. See TEX. CODE
1
Gary Fitzsimmons is the former district clerk. The current district clerk is Felicia Pitre.
CRIM. P. ANN. art. 11.05 (West) (by whom writ may be granted). Therefore, this Court has no
jurisdiction to enforce regarding the Dallas County District Clerk, leaving us without jurisdiction
over relator’s petition for writ of mandamus.
We dismiss the petition for want of jurisdiction.
/Ada Brown/
ADA BROWN
JUSTICE
150587F.P05
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