In Re: Stephen Paul Hines Appeal from Criminal District Court No. 6 of Dallas County (memorandum opinion by chief justice wright)
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Deny and Dismiss and Opinion Filed April 14, 2016 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00382-CV 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 –2–
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