Reyes, Ernesto Pina ( 2013 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-80,189-01

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IN RE ERNESTO PINA REYES, Relator

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ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. W07-12780-S(A) IN THE 282^ND 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 an application for 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 in the 282^nd District Court of Dallas County, which was followed by a recusal motion and other pro se motions. He alleges that the trial court has not taken appropriate action on the pending motions.

The requirements of Rule of Civil Procedure 18a, regarding the recusal of judges, apply in habeas proceedings conducted at the trial level. Ex parte Sinegar, 324 S.W.3d 578, 579 (Tex. Crim. App. 2010). Before we decide the merits of this application for the writ of mandamus, Respondent, the Judge of the 282^nd District Court of Dallas County, is invited to file a response with this Court stating whether a recusal motion or other motions have been filed, and if so, what actions have been taken by the trial court. If a recusal motion or other motions have been filed and no action has been taken, Respondent shall state if any action will be taken on any pending motions.

Any answer shall be submitted within 30 days of the date of this order, during which time this application for leave to file a writ of mandamus will be held in abeyance.

Filed: October 23, 2013

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