Denied in part; Dismissed in part; Opinion Filed April 16, 2013.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00436-CV
IN RE BABU S. KALLUVILAYIL, Relator
On Appeal from the Criminal District Court No. 1
Dallas County, Texas
Trial Court Cause No. F91-00956-TH
MEMORANDUM OPINION
Before Justices FitzGerald, Lang, and Myers
Opinion by Justice Lang
Relator filed this petition for writ of mandamus complaining that the district clerk
mishandled certain motions he filed and that the trial court has failed to rule on those motions.
The facts and issues are well-known to the parties, so we need not recite them herein. This Court
does not have mandamus jurisdiction over the Dallas County District Clerk. See TEX. GOV’T
CODE ANN. § 22.221 (West 2004). Accordingly, we DISMISS the petition to the extent it seeks
relief against the clerk. We otherwise DENY relator’s petition for failure to show entitlement to
the relief requested. See TEX. R. APP. P. 52.8(a); Simon v. Levario, 306 S.W.3d 318, 320-21
(Tex. Crim. App. 2009) (orig. proceeding).
130436F.P05 /Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE