Binford, Wayne Dee ( 2009 )

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-71,562-01

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WAYNE DEE BINFORD, Relator

v.

HARRIS COUNTY DISTRICT CLERK, Respondent

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ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 1034992-A IN THE 180th 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 an application for a writ of habeas corpus in the 180th Judicial District Court of Harris County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court.

In these circumstances, additional facts are needed. The respondent, the District Clerk of Harris County, is ordered to file a response, which may be made by: submitting the record on such habeas corpus application; submitting a copy of a timely filed order which designates issues to be investigated, see McCree v. Hampton, 824 S.W.2d 578 (Tex. Crim. App. 1992); stating that the nature of the claims asserted in the application filed by Relator is such that the claims are not cognizable under Tex. Code Crim. Proc. art 11.07, § 3; or stating that Relator has not filed an application for habeas corpus in Harris County. If an order designating issues has been entered, the response shall specify the respective dates on which the application was filed in the clerk's office, on which a copy of the application was served on the attorney representing the State, and on which the order designating issues was entered. 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: March 18, 2009

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