Bohannan, Michael Wayne ( 2010 )

  IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

---

  NO. WR-25,282-19

---

MICHAEL WAYNE BOHANNAN, Relator

v.

TARRANT COUNTY DISTRICT CLERK, Respondent

---

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NOS. 0222921 & 0201732 IN CRIMINAL DISTRICT

COURT NUMBER ONE

FROM TARRANT COUNTY

---

           Per curiam.

O R D E R  

            Relator has filed a motion for leave to file a writ of mandamus pursuant to the original jurisdiction of this Court. In it, he contends that he filed applications for a writ of habeas corpus in Criminal District Court Number One of Tarrant County, that more than 35 days have elapsed, and that the applications have not yet been forwarded to this Court.

             In these circumstances, additional facts are needed. The respondent, the District Clerk of Tarrant County, is ordered to file a response, which may be made by: submitting the record on such habeas corpus applications; submitting copies of timely filed orders that designate issues to be investigated, see McCree v. Hampton, 824 S.W.2d 578 (Tex. Crim. App. 1992); stating that the claims asserted in the applications filed by Relator are not cognizable under Tex. Code Crim. Proc. art. 11.07, § 3; or stating that Relator has not filed applications for a writ of habeas corpus in Tarrant County. Should the response include copies of orders designating issues, proof of the date the district attorney’s office was served with the habeas applications shall also be submitted with the response. This application for leave to file a writ of mandamus shall be held in abeyance until the respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order.

Filed: October 6, 2010

Do not publish