Martinez, Miguel ( 2015 )

Cause No. 1374263-A
Miguel Martinez In the 184th District Court
· Relator Pro-Se,
RECE~VED n'J
COURT OF CRIMINKL APPEf\!..S
v. of
APR 09 2015
Ab~l Acosta, Clerk
Chris Daniel, District Clerk,
Respondent.
Harris County, Texas
Application for Writ of Mandamus
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, MIGUEL MARTINEZ, TDCJ-ID #1856331, Relator Pro-Se
in the above styled numbered cause of action and files this ori-
ginal Application for Writ of Mandamus pursuant to Article 11.07
of the Code of Criminal Procedure and Rules would respectfully show
this Honorable Court the following:-
I.
Relator
Miguel Martinez, TDCJ-ID #1856331 is an offender incarcerated
in the Texas Department of Criminal Justice and is appearing Pro-Se
who can be located at the James A. Lynaugh Unit, 1098~ South Hwy
2037~ Pecos County, Fort Stockton, Tx 79735. Relator has exhausted
his remedies and has no other remedy".at ·tlaw. The act sought to be
compelled is ministerial. Not Discretionary in nature requires Res-.
pondent to immediately transmit to the Court of Criminal Appeals a
copy of the States designation of issues, Applicant Writ of. Habeas
Gorpus Art. 11.07, copy of Attorneys Affidavit, and all Memorandums
in support of Application, for Post Conviction Writ of Habeas Corpus
APPLICATION FOR WRIT OF MANDAMUS Page 1
Art 11.07 Tex. Code. Crim. Proc. Had such documents been transmitted
to the Court of Criminal Appeals, having in there possession sent
from the Relator to Respondent as required by statue Relator would
have received Notice from the Court of Criminal Appeals, having in
there possession sent from the Relator to respondent as concerning
Cause No. 1374263-A.a.
II.
Respondents
Respondent Chris Daniel in his capacity District Clerk of the
Harris County, Texas has a ministerial duty to receive and file all
papers in a Criminal proceeding. And perform all'other duties imposed
on the Clerk by law pursuant to Article 11.07 and Rules 296 and 297
of the Rules of Civil Procedure to immediately transmit to the Court
of Criminal Appeals a copy of the Application for Writ of Habeas Cor-
pus and Memorandums, finds of the facts, any answer filed and a cer-
tified reciting of the date upon which that finding W8S made if con-
victing Court decides that there are issues to be resolved Chris
Daniel District Clerk Harris County may be served at his place of
Business, P.O.Box 4651, Houston, Texas 77210-4651.
III.
Violation of Article 11.07 of the Code of Criminal
Procedure and Rules 296 and 297 of Civil Procedure
Reipondents violated the Texas Code of Criminal Procedure Art.
11.07 and the Rules of Civil Procedure, Rule 296 and 297 by failing
to provide a copy
. of the Application for Writ of Habeas Corpus
. . .. upon -·
which that findings and States proposed Order Designating Issues
and for filing Affidavit was made to the Court of Criminal Appeals
within the prescribed time by law. And within a reasonable time from
APPLICATION FOR WRIT OF MANDAMUS Page 2
.. ~
date on which documents were filed on August 18, 2014 to be there-
inafter transmitted. Requests for Writ of Habeas Corpus, any answer
titled, to Chris Daniel District Clerk Harris County by certified
mail dated August 15, 2014 pursuant to Article 11.07 of the Code of
Criminal Procedure to date. Relator response of request for trans-
mitting of a copy of the Application for Writ of Habeas Corpus filed,
and a certificate reciting the date upon which finding was made to
the Court of Criminal Appeals.
As if is clear from Relator previous request, Relator has re-
peatedly put Respondent on Notice that Relator seek the transmittal
of a copy of the Application for Writ of Habeas Corpus. Relator has
gone well beyond any requirement of obligation imposed upon him by
the Texas Code of criminal Procedure Art. 11.07 are acting in bad
faith, and failed to afford Relator the professional~and common cour-
tesy of any written response. as to the disposition of his Application
per his request.
IV.
Prayer for Relief
Wherefore, Premises Considered, RP.lator, Respectfully requests
a Application for Writ of Habeas Corpus Respondents have not trans-
mit documents to the Court of Criminal Appeals within the timeline
prescribed by the Texas Code of Criminal Procedure Articles 11.07
and Rules of Civil Procedure, Rule 296 and 297 and that Relator
brought this litigation in good faith and has substantially pre-
vailed through course of law;
SO PRAYED on this the ~q~-- day of April, 2015.
Respectfully Submitted,
APPLICATION FOR WRIT OF MANDAMUS 1: ``{:;
X Mi~&r~ar~TieZ:#1856331
Re ator Pro-Se
Page 3
Verification
I, Miguel Martinez, TDCJ-ID #1856331, being presently incar-
cerated at the James A. Lynaugh Unit of TDCJ-ID, declare under
the penalty of perjury that the foregoing facts are true and correct.
Respectfully Submitted,
X ?brJ k{,,L
TDCJ-~.
M1g e rt1nez
1856331
James A. Lynaugh Unit
1098, South Hwy 2037
Ft. Stockton, Tx 79735
Certificate of Service
I certify that ·a true and correct copy of the above application
for Writ of Mandamus was sent to the District Clerk of Court of
Criminal Appeals by placing the same in the U.S. Mail postage pre-
paid on this the _'}_ day of April, 2015, addressed to:
Abel Acosta
Clerk of the Court
Court of Criminal Appeals
P . 0 . Box 12308
Capital Station Respectfully Submitted,
Austin, Tx 78711
Mlge1Mart1ez
TDCJ-ID No. 1856331
James A. Lynaugh Unit
1098, South Hwy 2037
Fort Stockton, Tx 79735
APPLICATION FOR WRIT OF MANDAMUS Page 4
' ' " .:,
UNSWORN DECLARATION
Being presently incarcerated in the i>(t-lVNt-. 1./ Unit of the Texas
Department of Cfim!nallustice, in Pe.-CO'? • County~ Texas
Declare under penalty of perjury that I am the applicant in the above and foregoing
MotioiL I have read said motion and the factual allegations of the same are true and
Correct.
Executed on this :t ,day of Af ~ l ,20Q.
r.
~ ;(._ K ·, Movut, ProSe