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In re McNac

Court of Appeals of Texas, Fifth District, Dallas
Nov 10, 2008
No. 05-08-01356-CV (Tex. App. Nov. 10, 2008)

Opinion

No. 05-08-01356-CV

Opinion issued November 10, 2008.

Original Proceeding from the 283rd Judicial District Court Dallas County, Texas, Trial Court Cause No. W03-71678-T(A).

Before Justices WHITTINGTON, FITZGERALD, and LANG-MIERS.

Opinion by Justice FITZGERALD.


MEMORANDUM OPINION


Relator seeks a writ of mandamus compelling the Dallas County District Clerk to file relator's post-conviction motions for DNA testing and compelling the trial court judge to rule on those motions. The facts and issues are well known to the parties, so we need not recount them herein.

We lack jurisdiction over relator's complaints regarding the Dallas County District Clerk. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004). As to relator's claims regarding the trial court judge, based on the record before us, we conclude relator has not shown he is entitled to the relief requested. See Tex. R. App. P. 52.8(a); In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004).

We DISMISS the petition for writ of mandamus to the extent it seeks relief against the Dallas County District Clerk. We DENY relator's petition for writ of mandamus to the extent it seeks relief against the trial court judge.


Summaries of

In re McNac

Court of Appeals of Texas, Fifth District, Dallas
Nov 10, 2008
No. 05-08-01356-CV (Tex. App. Nov. 10, 2008)
Case details for

In re McNac

Case Details

Full title:IN RE CALVIN MCNAC, Relator

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

Date published: Nov 10, 2008

Citations

No. 05-08-01356-CV (Tex. App. Nov. 10, 2008)