Greer, David AKA David Duane Greer ( 2015 )

WiW-02*
Davd D. GREER #1829754
Wayne Scott Unit
6999 Retrieve Rd.
Angleton, Texas 77515
October 26, 2015
TO THE HONORABLE JUDGE: TRAVIS BRYAN III
300 E. 26th St. Ste. 204
Bryan, Texas 77803
Re: EX PARTE DAVE D. GREER WRIT NO. 12-03324-CRF-272-A. NOTICE OF INTENT TO FILE
WRIT ON MANDAMUS PURSUANT TO TEXAS RULES CIVIL PROCEDURE RULE 694.
Dear Honorable Judge Bryan III;
Applicant originally filed his motion entitled: "APPLICANTS MOTION TO
RECUSE AND DISQUALIFY THE HONORABLE JUDGE TRAVIS BRYAN III FORM ANY AND ALL
PROCEEDINGS DEALING WITH APPLICANT'S 11.07 HABEAS CORPUS" on October 3,
2015. The Honorable Bryan has a mistrial duty pursuant to Texas Rules. Civil
Procedure Rule 18a(f)-(l)('A)(B). This rule mandates that: "Duties of the
Respondent judge, failure to comply (1) responding to motion regardless of
whether the motion complies with this rule, the respondent judge, with in three
business days after the motion is filed, MUST either: (A) sign and file with the
clerk a ORDER OF RECUSAL OR DISQUALIFICATION; OR (B) Sign and file with the
clerk a order referring the motion to the Regional Presiding Judge."
Applicant when he filed this motion, personally mailed copies to the
Honorable Travis Bryan III, The Second Administrative Judicial District
Presiding Judge Olen Underwood, The Brazos Co. Criminal District Attorney;
Mr. Jarvis Parsons, and the Dist. Clerk; Marc Hamlin, The Court of Criminal
Appeals Clerk; Abel Acosta. Also sent a cover letter with this motion to the
Brazos Co. Dist. Clerk Marc Hamlin personally requesting him to serve a copy of
this motion to Judge Travis Bryan III*
This being October 26, 2015 which is twenty three days since the motion has
been filed yet Judge Bryan has totally failed perform his mandatory ministerial
duty. Applicant has a right te have a mandamus issued to force Judge Bryan to
perform his ministerial duty". See Barnes v. State, 832 S.W.2d 424,426
(Tex.App.-Houston [1st Dist.] 1992).
Applicant is simply seeking Judge Bryan III to either sign an order
recusing or disqualifying himself or sign and file with the Clerk a order
referring the motion to the Regional Presiding Judge. And mail Applicant a copy
of said order. I sincerely hope I am not forced to expend judicial resources to
force Judge Bryan III to do his mandatory duty.
Dave D. Greer
RECEIVED IN
COURT OF CRIMINAL APPEALS
NOV 04 2015
^b@I Acosta, Clerk