In Re: Babu S. KalluvilayilAppeal from Criminal District Court No. 1 of Dallas County (memorandum opinion )

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Denied in part; Dismissed in part; Opinion Filed April 16, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00436-CV IN RE BABU S. KALLUVILAYIL, Relator On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F91-00956-TH MEMORANDUM OPINION Before Justices FitzGerald, Lang, and Myers Opinion by Justice Lang Relator filed this petition for writ of mandamus complaining that the district clerk mishandled certain motions he filed and that the trial court has failed to rule on those motions. The facts and issues are well-known to the parties, so we need not recite them herein. This Court does not have mandamus jurisdiction over the Dallas County District Clerk. See TEX. GOV T CODE ANN. § 22.221 (West 2004). Accordingly, we DISMISS the petition to the extent it seeks relief against the clerk. We otherwise DENY relator s petition for failure to show entitlement to the relief requested. See TEX. R. APP. P. 52.8(a); Simon v. Levario, 306 S.W.3d 318, 320-21 (Tex. Crim. App. 2009) (orig. proceeding). 130436F.P05 /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE

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