DENIED and Opinion Filed May 10, 2023 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-23-00268-CV 

IN RE JAMES ATCHLEY, JR., Relator 

Original Proceeding from the Criminal District Court No. 5 

Dallas County, Texas 

Trial Court Cause No. F20-55447-L 

MEMORANDUM OPINION 

Before Justices Molberg, Goldstein, and Breedlove 

Opinion by Justice Goldstein 

In this original proceeding, James Atchley, Jr. petitions the Court for a writ of 

mandamus to compel the trial court and/or its officers, administrators, or clerks to 

send a teletype to the Texas Department of Criminal Justice Detainers Department 

releasing a Dallas County detainer against him. Relator contends Dallas County 

should lift the detainer against him because Dallas County dismissed its charge 

against him after he was convicted and sentenced to ten years in prison for an offense 

in Ellis County. Relator claims the outdated detainer affects his eligibility for parole, 

prison employment, and educational opportunities. 

 Mandamus is available only to correct a clear abuse of discretion or the 

violation of a duty imposed by law for which there is no adequate legal remedy. 
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Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992) (orig. proceeding). Relator bears 

the burden to provide the Court with a sufficient record to establish his right to 

mandamus relief. Id. at 837. 

 To meet his burden, relator must file a record or appendix to his petition that 

contains certified or sworn copies of all relevant orders and material documents that 

show the matter complained of or that were filed in the underlying proceeding. See 

TEX. R. APP. P. 52.3(k)(1)(A), 52.7(a)(1). Relator must certify that he has reviewed 

the petition and concluded that all factual statements within it are supported by 

competent evidence in the appendix or record. See TEX. R. APP. P. 52.3(j). 

 Relator has not met his burden. Relator’s petition is not certified and his record 

is not properly authenticated and does not contain material documents necessary to 

support his claim. 

 The record consists of unsworn, uncertified copies of documents purporting 

to show that Dallas County dismissed its case against relator and a prison official 

has refused to upgrade relator’s opportunities while the detainer is in place. Relator 

presents no documents showing he has notified the trial court of the need to send the 

teletype to prison officials or that he has requested such a transmission. At best, he 

presents a cryptic statement in his uncertified petition alleging that he and his family 

“have constantly and continuously shown due diligence” in trying to get the detainer 

lifted. Without authenticated documents showing that relator has requested 

transmission of the teletype, and the trial court has a duty to send it which it has 
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failed or refused to perform, relator cannot show the trial court has abused its 

discretion or that he lacks an adequate legal remedy. 

Finally, we note that to the extent relator is requesting, or needs, mandamus 

relief against the district clerk, we do not have the power to issue a writ of mandamus 

directed at the district clerk unless it is necessary to enforce our jurisdiction. See 

TEX. GOV’T CODE § 22.221(a), (b); In re Shugart, 528 S.W.3d 794, 796 (Tex. App.—

Texarkana 2017, orig. proceeding). Nothing in the mandamus record shows 

mandamus is required to enforce our jurisdiction. 

 Without a properly certified petition supported by a complete record of 

certified or sworn copies of material documents showing relator has tried to obtain 

the transmission of the teletype and that he needs it from the trial court rather than 

from the district clerk, relator cannot show he is entitled to mandamus relief. See 

TEX. R. APP. P. 52.3(k)(1)(A), 52.7(a); In re Butler, 270 S.W.3d 757, 758–59 (Tex. 

App.—Dallas 2008, orig. proceeding); Shugart, 528 S.W.3d at 796. 

Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 

52.8(a). 

230268F.P05 

/Bonnie Lee Goldstein/

BONNIE LEE GOLDSTEIN 

JUSTICE