Fleming, Garland ( 2008 )

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-47,144-13

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GARLAND FLEMING, Relator

v.

DAWSON DISTRICT CLERK, Respondent

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ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NOS. 97-5353 AND 98-5379 IN THE 106th JUDICIAL DISTRICT COURT

FROM DAWSON 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 106th Judicial District Court of Dawson 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 Dawson County, is ordered to file a response, which may be made by: submitting the record on such habeas corpus applications; submitting a copy of timely filed orders which designate issues to be investigated, see McCree v. Hampton, 824 S.W.2d 578 (Tex. Crim. App. 1992); stating that the nature of the claims asserted in the applications filed by Relator are such that the claims are not cognizable under Tex. Code Crim. Proc. art 11.07, § 3; or stating that Relator has not filed any applications for habeas corpus in Dawson 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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