Banks, Tommie Melvin ( 2010 )

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-71,357-02

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TOMMIE MELVIN BANKS, Relator

v.

HARRIS COUNTY DISTRICT CLERK, Respondent

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ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 755115 IN THE 177TH 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 177th 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 that designates issues to be investigated, see McCree v. Hampton, 824 S.W.2d 578 (Tex. Crim. App. 1992), (if the District Clerk submits such an order, it shall also state when the State received Relator's application); stating that the claims asserted in the application filed by Relator are not cognizable under Tex. Code Crim. Proc. art 11.07, § 3; or stating that Relator has not filed an application for a writ of habeas corpus in Harris County. 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: July 28, 2010

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