Eldred, Zack Jr. ( 2015 )

Zack G Eldred Jr.
May 17, 2015
TDCJ-ID No.l812ll7
Bill Clements Unit
9601 Spur 591
Amarillo, Texas 79107-9606 .
~lEC``VlED ~N
Mr •. Abel Acosta, .. Clerk COUP\1' OF CRIMINAL AP~fALS
Court of Criminal Appeals of Texas MAY 2 9 2015
P.Q.Box 12308, capital Station
Austin, Texas 78711
NOTICE OF SERVICE
RE; Applicants orginal writ of habeas corpus for out-of-time
P.D.R filed ln Bowie County Texas on February 12, 2015.
Dear I'1r. Acosta:
Please find enclosed for presentation to the Court of Criminal Appeals.
"t"'Y APPLICATION FOR WRIT OF Mii.NDAMAUS" to make the court respond to the \olrit
of habeas corpus for a out-of~time P.D.R •. For which should have been acted on
and forwarded to the Court of Criminal Appeals, But has not at this time.
Enclosed is two copies of my.original "Mandamaus", Please file an stamp
'
one and return it to me and present the other to the court.
There is no copy service available in this Unit, so these are the only
tw9 that I have, So would you please make any other copies needJ and serve
the resp:mdent. \
. \
Tbeir.addressarebelow, and thank you for your attent1on to this matter.
'\
Billy Fox District Clerk
Bowie County Texas ..
710 James Bowie Dr.
New Boston, Texas 75570
CAUSE No. #llF0762-102
Zack G Eldred Jr § In The 102 Judicial
TDCJ-ID No #1812117 § District COURT OF
RELATOR
vs. § Ba-llE COUNTY I TEXAS
BOWIE COUNTY DIS'I'RICT CLERK
BILLY FOX,IN HER OFFICIAL
CAPCILY,
RESPONDET.
PLAINTIFF' ORIGIANL APPLICA'I'ION FOR WRIT OF MANDAMUS
TO THE HONORABLE JUDGE OF SAID COURT:
Commes now, ZaCk G Eldred Jr , Relator, Pro se in the above styled
and numbered cause of action and files this original application for v1rit
of Mandamus,pursuant to ART.ll.07 SEC. 3(C)of the 'I'exas Code Of Criminal
procedune, a~d would show the court the,following:
I
Relator
Is incarcerated in the Texas Department Of Criminal Judtice and is
appearing Pro se, who can be located at the William P. Clements Unit
9601 Spur 591, Ama~illo, Texas 79107 •
. Relator has exhausted his remedies and has no other adequate remedy a:t Law
The act sought to be compelled is ministerial, Not disretionary r:emedy
at Law
The act sought to be compelled is ministerial, not discretionary in
nature. T.c.c.P Art 11.07, SEc. 3 (c) requyres respondent to immediately
Transmit to the court of Court Of Criminal Appeals application for
WRIT of Habeas Corpus For out-Of7Time.P.D.R, Any answers filed,and certi-
ication reciting the Date upon which that finding was made,the application
1
for Writ Of Habeas Corpus for OUt-Of-Time P.D.R and answers Filed,and a
certicate reciting the date upon .which that .. finding was made have been :
transmitted to the Court Of Criminal Apeals.
Had such documents been Transmitted to te court_QfCriminal Apeals. by
Respondebts as required by Statute,Relator would have received notice from
the Court Of Criminal Appeals.
II
I
Respondent.
Respondent. Billy Fox,in her Officail capacity as District Clerk Of
BOwie County,Texas has a ministerial duity to recive and File all papers
in a criminal proceeding,and perform alother . :duitys: imposed£ on the clerk
by lae pursuant to T.c.c.P Art.2.21 and is responsible under T.c.c.P. Art.
11.07 Sec. 3 {c) to immediately transmit to the Court Of Criminal Appeals
acopy of the application for Writ of Habeas Corpus F'or A-out-of-Time P.D.R,
any·answres filed,and a certificate reciting the date upon which thqt findinng
was made if the cou~t decides that there are no issues to be resolved.
Billy Fox, District clerk,County,Texas may be served at he.r place of .
business at 710 James Bowie Dr. New Boston.Texas 75570
III
Violation of Aritcle 11.07 Of The Texas Code Of Criminal Procedure.
The respondent violated. Art.ll.07 'Sec, 3(c) of the Texas Code Of Criminal
Procedure Failing To File Realor's application for Writ of Habeus Courpus
fFor a Out-Of-Time P.D.R as Follows:
In Febuary 2015, appicant mailed his Writ Of Hebeus Corpus For a out-
Of-Time P.D.R.
{2)
To Mrs Debra Autrey,Clerk,Sixth Co~t Of Appeals 100 North Stateline Avenue
#20 Texarkana Texas 75501·· Requesting her to file the Writ and forward to the
Court Of Crirr1inal Appeals A copy. Insted of this,Mrs Autrey sent the
applicants Writ Of Habeus Corpus to A out~f-Time P.D.R to the convicting
court at Billy Fox Distric Clerk Bowie County Texas 710 James Bowie D4r.
New Boston,Texas. 75570. Respondent filed No dated
time stamped copy and returned for offenders hete in T-D-C.J Requesting
Assitance and their responce was that they contacted Bowie County District
Clerk Office on March 29 2015 and it appears the Writ of Habeus has beeen
filed and is currently pending review. It has beeen over 45 days and , ,
appilicant has not recieved any responce from Respontent.
As stated , to date it is ocer 90 days since applicant filed his ~vrit
Of Habeas Corpus for Out-Of-Time P-D-R and has not received a file stamped
copy or A response from the District Clerks Office asof May 17 2015. Relator
has gone well beyond any requirements Or obligation imposed upon him by the
T.c.c.P.
In contrast to reatord efforts,Respondent has wholly failed to comply
and forward a copy of Appiicants Writ of Habeas Corpus for a Out-Of-Time-
P.D.R- with the T.c.c.P Art, 11.07 Sec.3(c)l i acting in bad faith to afford
Realor to professional and common curtesy of any written responses to his
corre.spendences or request or that or/and requiry.Please s.?e exhibet
attecheJ (exhibit A )
(3)
IV
PRAYER .!?OR RELIEF
Wherefore,PREMISES CONSIDERED, RELATOR, Zack G Eldred Jr.Pro se, respectfully
requests this Court to issue a Writ Of Mandamus directivy the Bowie County
District Clerks office to Relatortor request as to the status of his Writ
Of Habeas Corpuse For out-of-Time P-D~R and/or whatever this Court feels
is appropriate.
Respeclfully Submitted
Relator
Inmate's Declaration
I, ZACK G ELDRED JR., TDCJ No. #1812117, RElator, ProSe, being
persently incarecerated in the Texas Department Of Criminal Justice, stated
N-IT'
in the above origianl appication for Writ Of Mandru~us are 1rue and correct
I ~ day Of
Signed on This----'---"='----- 2015
liJ'h lbe"l lA)
~tate