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In re Hines

Court of Appeals Fifth District of Texas at Dallas
Apr 14, 2016
No. 05-16-00382-CV (Tex. App. Apr. 14, 2016)

Opinion

No. 05-16-00382-CV

04-14-2016

IN RE STEPHEN PAUL HINES, Relator


Original Proceeding from the Criminal District Court No. 6 Dallas County, Texas
Trial Court Cause No. F-1555461-X

MEMORANDUM OPINION

Before Chief Justice Wright, Justice Lang, and Justice Brown
Opinion by Chief Justice Wright

In this petition for writ of mandamus relator requests that we order the trial court to acknowledge receipt of certain correspondence. Relator also complains that his medical records have been tampered with and he has been denied medication by the night nurse at the facility where he is incarcerated. Mandamus is appropriate in a criminal case if the relator shows that he has no other adequate legal remedy and the act sought to be compelled is purely ministerial. State of Tex. ex rel. Hill v. Court of Appeals for the Fifth Dist., 67 S.W.3d 177, 180-81 (Tex. Crim. App. 2001). We may grant mandamus relief to compel a person other than the trial judge to act only to the extent necessary to enforce our jurisdiction. TEX. GOV'T CODE ANN. § 22.221(a), (b) (West 2004) (writ power). Relator's petition does not complain of a violation of a ministerial duty by the trial judge and the allegations that form the basis of relator's complaint do not implicate our appellate jurisdiction.

We DISMISS the petition to the extent it seeks action by any person other than the trial judge and DENY the petition to the extent it seeks action by the trial judge.

/Carolyn Wright/

CAROLYN WRIGHT

CHIEF JUSTICE 160382F.P05


Summaries of

In re Hines

Court of Appeals Fifth District of Texas at Dallas
Apr 14, 2016
No. 05-16-00382-CV (Tex. App. Apr. 14, 2016)
Case details for

In re Hines

Case Details

Full title:IN RE STEPHEN PAUL HINES, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Apr 14, 2016

Citations

No. 05-16-00382-CV (Tex. App. Apr. 14, 2016)