in Re: Barry Dwayne Minnfee

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-11-00052-CV
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IN RE: BARRY DWAYNE MINNFEE
Original Mandamus Proceeding
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
Barry Dwayne Minnfee has filed a petition for writ of mandamus in which, as nearly as we
can ascertain, he asks this Court to order the district court judge of the 354th Judicial District Court
“to Respond to Intentional Tort.” Minnfee provides no reasoning or analysis to support his
demand. He has attached a copy of what appears to be a pleading entitled “Intentional Tort under
color of State law Preliminary Injunction,” which names counsel for the FBI as the defendant in
the caption, but not otherwise. Minnfee refers to Al Sharpton and the President’s review of his
case, to surreptitious recording of suspects, to violations of his privacy by staff and convicted
homosexuals, to allowing unauthorized individuals to read his records.
Although this Court has jurisdiction to issue a writ of mandamus against a district judge, in
order to be entitled to such, a relator must establish that: (1) there is no adequate remedy at law to
redress the alleged harm; and (2) only a ministerial act, not a discretionary or judicial decision, is
being sought. State ex rel. Young v. Sixth Judicial Dist. Court of Appeals at Texarkana, 236
S.W.3d 207, 210 (Tex. Crim. App. 2007).
Minnfee has met neither portion of that standard in his petition.
We deny the petition for writ of mandamus.
Jack Carter
Justice
Date Submitted: May 18, 2011
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Date Decided: May 19, 2011
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