Hittle, Aaron T. ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-64,292-01

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AARON T. HITTLE, Relator

v.

POLK COUNTY DISTRICT CLERK, Respondent

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ON APPLICATION FOR A WRIT OF MANDAMUS

FROM POLK COUNTY

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   Per curiam.

O R D E R

   This is an original application for a writ of mandamus. Relator contends that he attempted to file an application for a writ of habeas corpus with the Polk County District Clerk challenging a prison disciplinary action where he lost good-conduct time. Relator claims, however, that the application was not accepted for filing and was returned to him by the District Clerk. He states that the District Clerk indicated that an application filed under Article 11.07 of the Code of Criminal Procedure could only be used to challenge a criminal conviction.

While the District Clerk is correct insofar as this Court has stated that it will not entertain claims concerning alleged violations of prison disciplinary procedures, see Ex parte Brager, 704 S.W.2d 46 (Tex. Crim. App. 1986), a clerk has a duty to accept an application under Article 11.07. See Tex. Code Crim. Proc. art. 11.07 § 3(b); Deleon v. Dist. Clerk, No. AP-75,353, 2006 Tex. Crim. App. LEXIS 502 (Tex. Crim. App. 2006). This duty is ministerial and not discretionary. Id. Thus, based on the foregoing, it is this Court's opinion that additional information is required before a decision can be reached on the motion for leave to file the instant action.

The Respondent, the District Clerk for Polk County, is ordered to file with this Court, within thirty days, a response to Relator's assertion that his writ application was returned to him unfiled. This application for writ of mandamus is held in abeyance pending compliance with this order.

DELIVERED: April 26, 2006

DO NOT PUBLISH