Ray, Gaylon Harold ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-63,299-02

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GAYLON HAROLD RAY, Relator

v.

JUDGE, 4^TH JUDICIAL DISTRICT COURT, Respondent

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ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. CR05-076 IN THE 4^TH JUDICIAL DISTRICT COURT

FROM RUSK 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. Relator contends that he filed an application for a writ of habeas corpus and that on January 18, 2006, we remanded the application and ordered the trial court to forward findings of fact and conclusions of law to this Court within 120 days. He contends, however, that the trial court has not forwarded findings of fact and conclusions of law within 120 days, as we ordered.

In these circumstances, additional facts are needed. The respondent, Judge of the 4^th District Court of Rusk County, is ordered to file a response with this Court by having the District Clerk explain whether findings of fact and conclusions of law have been entered and, if so, why they have not been forwarded to this Court within 120 days. This application for leave to file a writ of mandamus will 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: September 20, 2006

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