in Re: Willie Atkins ( 2015 )

Dismiss; and Opinion Filed June 23, 2015.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00746-CV
IN RE WILLIE ATKINS, Relator
Original Proceeding from the Criminal District Court No. 6
Dallas County, Texas
Trial Court Cause No. W069-00566-X(A)
MEMORANDUM OPINION
Before Justices Lang-Miers, Evans, and Whitehill
Opinion by Justice Evans
Relator filed this petition for writ of mandamus requesting that the court order the district
clerk, whom he identifies as Gary Fitzsimmons,1 to provide relator with a copy of the trial court’s
findings of fact and conclusions of law with regard to his petition for writ of habeas corpus. 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 the Court’s 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). This Court
does not have jurisdiction over post-conviction habeas corpus proceedings relating to felony
convictions. See TEX. CODE CRIM. P. ANN. art. 11.05 (West) (by whom writ may be granted).
Therefore, this Court has no jurisdiction regarding any action by the Dallas County District Clerk
1
As of January 1, 2015, Felicia Pitre is the district clerk.
with regard to habeas corpus proceedings. Rather, any complaints about action or inaction on a
matter related to a post-conviction petition for writ of habeas corpus must be brought by
mandamus to the court of criminal appeals and not to this Court. In re McAfee, 53 S.W.3d 715,
717 (Tex. App.–Houston [1st Dist.] 2001, orig. proceeding).
Because we lack jurisdiction, we DISMISS the petition.
/David Evans/
DAVID EVANS
JUSTICE
150746F.P05
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