Flowers, Herman Sidney ( 2008 )

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-20,383-25

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HERMAN SIDNEY FLOWERS, Relator

v.

HARRIS COUNTY DISTRICT CLERK, Respondent

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ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NOS. 497335, 497337, 497338 & 497339

IN THE 174^TH JUDICIAL DISTRICT COURT

FROM HARRIS 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 applications for a writ of habeas corpus in the 174^th Judicial District Court of Harris 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 Harris 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 Harris County. 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: September 24, 2008

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