Sides, Thomas Ray ( 2009 )

  IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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  NO. WR-66,982-08

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THOMAS RAY SIDES, Relator

v.

DALLAS COUNTY DISTRICT CLERK, Respondent

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ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NOS. F-0448562-KP & F-0448560-IP

IN THE 203RD JUDICIAL DISTRICT COURT

FROM DALLAS 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 203rd Judicial District Court of Dallas 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 Dallas 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 any applications for a writ of habeas corpus in Dallas 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: December 16, 2009

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