Moore, Kevin Dewayne ( 2009 )

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-70,088-02

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KEVIN DEWAYNE MOORE, Relator

v.

DALLAS COUNTY DISTRICT CLERK, Respondent

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ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. W03-33008-Q(A) IN THE 204th 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 an application for a writ of habeas corpus which was dismissed by this Court on June 18, 2008, because it did not comply with Texas Rule of Appellate Procedure 73.1. The records of this Court confirm that such an application was dismissed because Relator used an incorrect version of the required form. Relator alleges the Dallas County District Clerk failed to return to him a copy of the non-compliant application, as required by Texas Rule of Appellate Procedure 73.2.

In these circumstances additional facts are needed. The respondent, the District Clerk of Dallas County, is ordered to file a response as to whether a copy of the non-compliant application was returned to Relator following dismissal of that application and, if not, why that copy was not sent. 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: April 8, 2009

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