In Re: Juanito Marshall Appeal from 265th Judicial District Court of Dallas County (memorandum opinion )

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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 141236F.P05 2

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