Griggs, Kenneth Bernard ( 2007 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-35,357-03

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KENNETH BERNARD GRIGGS, Relator

v.

CRIMINAL DISTRICT COURT NO. 3, Respondent

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ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. W93-61039-J(C) FROM DALLAS COUNTY

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   Per curiam.

O R D E R  

   Relator has filed a motion for leave to file an application for 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 Criminal District Court No. 3 of Dallas County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court.

On September 12, 2007, this Court ordered the district clerk to respond to Relator's allegations. In response to this Court's order, the District Clerk has forwarded a copy of an order designating issues which was entered on February 22, 2007. In these circumstances, additional facts are needed. The respondent, the Judge of Criminal District Court No. 3 of Dallas County, is ordered to file a response with this Court by having the District Clerk submit the record on such habeas corpus application or by setting out the reasons that no findings have been made since the order designating issues was entered. This application for leave to file a writ of mandamus will 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: November 7, 2007

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