Dismissed and Opinion Filed October 29, 2014
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01346-CV
IN RE MYRAN ANDRE KELLEY, Relator
Original Proceeding from the 204th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F06-72844-WQ
MEMORANDUM OPINION
Before Chief Justice Wright, Justice FitzGerald, and Justice Francis
Opinion by Justice Francis
Relator filed this petition for writ of mandamus contending that the district clerk has
failed to transmit his petition for writ of habeas corpus to the Texas Court of Criminal Appeals as
required by the Texas Code of Criminal Procedure.
This Court has mandamus jurisdiction over the district clerk only when the district clerk’s
actions interfere with this Court’s jurisdiction. See TEX. GOV'T CODE ANN. § 22.221 (West
2004). The intermediate courts of appeals have no original jurisdiction over petitions for habeas
corpus relief in connection with criminal proceedings. See TEX. GOV'T CODE ANN. § 22.221(d)
(West 2004) (limiting habeas corpus jurisdiction of intermediate courts of appeals to civil
matters); TEX. CODE CRIM. PROC. ANN. art. 11.05 (West 2005) (granting original jurisdiction in
cases seeking writs of habeas corpus in criminal cases to the court of criminal appeals, districts
courts, and county courts). Consequently, any complaints about action or inaction on a matter
related to a post-conviction petition for writ of habeas corpus must be brought by mandamus to
the court of criminal appeals and not to this Court. In re McAfee, 53 S.W.3d 715, 717 (Tex.
App.—Houston [1st Dist.] 2001, orig. proceeding). We DISMISS the petition for want of
jurisdiction.
141346F.P05 /Molly Francis/
MOLLY FRANCIS
JUSTICE
–2–