DISMISS and Opinion Filed October 3, 2014
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01253-CV
IN RE MELVIN RAMBO, Relator
Original Proceeding from the 265th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F89-97544
MEMORANDUM OPINION
Before Justices O'Neill, Lang, and Brown
Opinion by Justice Lang
Relator filed this petition for writ of mandamus contending that the district clerk has
violated a ministerial duty in failing to transmit his petition for writ of habeas corpus to the court
of criminal appeals. 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 2004); 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 because this Court does not have jurisdiction
to issue a writ of habeas corpus. TEX. CODE CRIM. PROC. ANN. art. 11.05 (West 2005) (court of
criminal appeals, district courts and county courts have power to issue writ of habeas corpus); 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
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