McCarty, Roger Steven ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-64,316-01

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ROGER STEVEN MCCARTY, Relator

v.

ZAPATA COUNTY DISTRICT CLERK, Respondent

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ON APPLICATION FOR A WRIT OF MANDAMUS FROM ZAPATA COUNTY

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   Per curiam.



O R D E R  

This is an original application for a writ of mandamus. Relator contends he filed an application for writ of habeas corpus in cause number 1,382 in the 49^th Judicial District Court on January 6, 2005, but more than thirty-five days have elapsed and the application has not been forwarded to the Court of Criminal Appeals.

It is this Court's opinion that additional information is required before a decision can be reached on the motion for leave to file the instant action. The respondent, District Clerk of Zapata County, is ordered to file a response with this Court within thirty days by submitting the record on such habeas corpus application or a copy of a timely-entered order designating issues to be investigated, see McCree v. Hampton, 824 S.W.2d 578 (Tex.Cr.App. 1992); Martin v. Hamlin, 25 S.W.3rd 718 (Tex.Cr.App. 2000), or by stating the nature of any applications filed by Relator such that they are not filed pursuant to Article 11.07, § 3, TEX.CODE CRIM.PROC., or that no applications by Relator have been filed. This application for writ of mandamus is held in abeyance pending compliance with this order.

IT IS SO ORDERED this the 19^th day of JULY, 2006.

DO NOT PUBLISH