in Re: Juanito Marshall

DISMISS; and Opinion Filed October 2, 2014
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01236-CV
IN RE JUANITO MARSHALL, Relator
Original Proceeding from the 265th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F09-53984-R
MEMORANDUM OPINION
Before Justices O'Neill, Lang, and Brown
Opinion by Justice Lang
Relator filed this petition for writ of mandamus contending that the Dallas County district
clerk has failed to transmit his “Motion to Obtain Documents and Trial Records in Forma
Pauperis” to the district court and requests that the Court grant relief against the respondent
district clerk. This Court has mandamus jurisdiction over the district clerk only when the actions
of the district clerk interfere with the exercise of this Court’s jurisdiction. TEX. GOV'T CODE
ANN. § 22.221 (West 2010); In re Phillips, No. 05–14–00683–CV, 2014 WL 2609217, at *1
(Tex. App.—Dallas June 10, 2014, orig. proceeding) (mem. op.); In re Chumbley, No. 05–13–
00881–CV, 2013 WL 3718070, at *1 (Tex. App.—Dallas July 12, 2013, orig. proceeding) (mem.
op). Relator has not asserted facts that would, if proven, establish that the district clerk’s actions
interfere with the jurisdiction of this Court. TEX. CODE CRIM. PROC. ANN. art. 11.07 (West
Supp. 2010); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig.
proceeding) (“Article 11.07 contains no role for the courts of appeals; the only courts referred to
are the convicting court and the Court of Criminal Appeals.”). Accordingly, this Court lacks
mandamus jurisdiction. We DISMISS the petition.
.
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE
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