King, Richard Mason Jr. ( 2011 )

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-38,996-11

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RICHARD MASON KING, JR., Relator

v.

LAMAR COUNTY DISTRICT CLERK, Respondent

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ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 16606 IN THE 6th JUDICIAL DISTRICT COURT

FROM LAMAR 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 mailed an application for a writ of habeas corpus to the 6th Judicial District Court of Lamar County, but that the district clerk has not accepted the application for filing. More than 35 days have elapsed, and the application has not yet been forwarded to this Court.

In these circumstances, additional facts are needed. The respondent, the District Clerk of Lamar 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); or stating that Relator has not filed an application for habeas corpus in Lamar County. Should the response include an order designating issues, proof of the date the district attorney's office was served with the habeas application shall also be submitted with the response. 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: June 15, 2011

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