Douthit, Shannon Mark ( 2012 )

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-61,864-05

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SHANNON MARK DOUTHIT, Relator

v.

JEFF DAVIS COUNTY DISTRICT CLERK, Respondent

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ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 556

IN THE JUDICIAL DISTRICT COURT FROM JEFF DAVIS COUNTY

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   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 an application for a writ of habeas corpus in the Judicial District Court of Jeff Davis County on June 15, 2011. More than 35 days have elapsed, and this application has not yet been forwarded to this Court.

In these circumstances, additional facts are needed. The respondent, the District Clerk of   Jeff Davis County, is ordered to file a response, which may be made by: submitting the record on such habeas corpus application; submitting a copy of a timely filed order which designates issues to be investigated, see McCree v. Hampton, 824 S.W.2d 578 (Tex. Crim. App. 1992); or stating that Relator has not filed an application for habeas corpus in   Jeff Davis County. Should the response include an order designating issues, proof of the date the district attorney's office was served with the habeas application 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: March 28, 2012

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