in Re: Edrick Phillips ( 2014 )

Dismiss and Opinion Filed June 10, 2014
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00683-CV
IN RE EDRICK PHILLIPS, Relator
Original Proceeding from the Criminal District Court No. 7
Dallas County, Texas
Trial Court Cause No. W04-58212-Y
MEMORANDUM OPINION
Before Justices Bridges, Lang-Miers, and Myers
Opinion by Justice Lang-Miers
Relator filed this petition for writ of mandamus requesting that this Court order the
district clerk to transmit his petition for writ of habeas corpus to the Court of Criminal Appeals.
This Court does not have mandamus jurisdiction over the district clerk except for very limited
circumstances not applicable here. See TEX. GOV’T CODE ANN. § 22.221 (West 2010); In re
Chumbley, No. 05–13–00881–CV, 2013 WL 3718070, at *1 (Tex. App.—Dallas July 12, 2013,
orig. proceeding) (mem. op). In addition, only the Court of Criminal Appeals has jurisdiction to
issue a writ of mandamus in a matter related to a pending post-conviction habeas corpus
proceeding. TEX. CODE CRIM. PROC. ANN. art. 11.07 (West Supp. 2010); In re Turk, No. 14-09-
00129-CR, 2009 WL 396197, at *1 (Tex. App.—Houston [14th Dist.] Feb. 19, 2009, no pet.)
(mem. op.); In re Bailey, No. 14-06-00841-CV, 2006 WL 2827249, at *1 (Tex. App.—Houston
[14th Dist.] 2006, orig. proceeding) (mem. op.); In re McAfee, 53 S.W.3d at 717. Any
complaints about action or inaction on a matter related to a pending 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 at 717. Accordingly, we DISMISS the petition for writ
of mandamus for lack of jurisdiction.
140683F.P05
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
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