In re Presley

Full title: IN RE MARVIN CLARENCE PRESLEY, Relator

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Oct 11, 2011

No. 05-11-01313-CV (Tex. App. Oct. 11, 2011)

Opinion

No. 05-11-01313-CV

Opinion Filed October 11, 2011.

Original Proceeding from the 195th Judicial District Court Dallas County, Texas, Trial Court Cause No. W07-52842.

Before Justices O'NEILL, LANG, and LANG-MIERS.

MEMORANDUM OPINION

Opinion by Justice O'NEILL.

Before the Court is relator's petition for writ of mandamus naming the district court clerk as respondent. The facts and issues are well known to the parties, so we need not recount them herein. This Court does not have mandamus jurisdiction over the clerk. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004). Additionally, because relator's petition relates to a post-conviction petition for writ of habeas corpus, this Court does not have jurisdiction over relator's petition. See Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2010); In re Curry, No. 05-08-00064-CV, 2008 WL 311018, at *1 (Tex. App.-Dallas Feb. 5, 2008, orig. proceeding) (mem. op.). Accordingly, we DISMISS relator's petition for a writ of mandamus for want of jurisdiction.