Ethridge, Leroy ( 2010 )

  IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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  NO. WR-9,626-11

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LEROY ETHRIDGE, Relator

v.

HARRIS DISTRICT CLERK, Respondent

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ON PETITION FOR A WRIT OF MANDAMUS

CAUSE NO. 1165059 IN THE 230th 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 a motion by mail on September 17, 2010. Relator alleges that the motion requested the district court to compel the district clerk to provide the relator with documents that he had requested by mail and that his wife had requested in person.

             In these circumstances, additional facts are needed. The respondent, the District Clerk of Harris County, is ordered to file a response, addressing whether they received such a motion from relator and, if so, stating whether it was filed. If the motion was received and filed, the District Clerk’s response shall include proof establishing the date of filing. If the motion was received and was not filed, the District Clerk shall detail its rationale for not filing the motion.

            This motion 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 15, 2010

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