In Re: Jimmy Hill v. The State of Texas Appeal from 363rd Judicial District Court of Dallas County (memorandum opinion )
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Denied and Opinion Filed August 3, 2016 In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00905-CV No. 05-16-00906-CV No. 05-16-00907-CV No. 05-16-00908-CV No. 05-16-00909-CV No. 05-16-00910-CV No. 05-16-00911-CV IN RE JIMMY HILL, Relator Original Proceeding from the 363rd Judicial District Court Dallas County, Texas Trial Court Cause Nos. F-09-33415-W, F-09-33432-W, F-09-33433-W, F-09-53582-W, F-11-33972-W, F-11-70339-W, F-11-70340-W MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang and Brown Opinion by Justice Lang Relator Jimmy Hill complains that several orders to withdraw funds from his inmate trust account are void and the funds should be deposited back into his account. He also asks this Court to order the district court clerk to prepare a supplemental clerk’s record to include the records from a prior appeal in this court, the orders to withdraw funds, an itemized bill of costs, and records from an ancillary trial court proceeding. Relator’s petition is not certified as required by rule 52.3(j) of the rules of appellate procedure. Although this deficiency alone constitutes sufficient reason to deny mandamus relief, in the interest of judicial economy we address the petition. Relator's complaint concerning withdrawal of funds from his inmate trust account is not an appropriate subject for mandamus relief because the proper method for seeking appellate review of an order of withdrawal of funds from an inmate trust account is by direct appeal of the order. Harrell v. State, 286 S.W.3d 315, 321 (Tex. 2009) (“[A]ppellate review should be by appeal, as in analogous civil post–judgment enforcement actions.”). As for Relator’s request for an order directing the district clerk to prepare and file a supplemental record, this Court does not have mandamus jurisdiction over the district court clerk. TEX. GOV’T CODE ANN. § 22.221(a), (b) (West 2004); In re Simpson, 997 S.W.2d 939, 939 (Tex. App.—Waco 1999, orig. proceeding) (“The Government Code does not confer mandamus jurisdiction over District Clerks upon the courts of appeals.”). We deny the petition for writ of mandamus. /s/ Douglas Lang DOUGLAS LANG JUSTICE 160905F.P05 –2–
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