Beaver, David Keith

• Court: Court of Criminal Appeals of Texas
• Decided: March 22, 2006
• Docket: WR-53,506-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 53,506-02 DAVID KEITH BEAVER, Relator

v.

DISTRICT CLERK, GRAYSON COUNTY, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

FROM GRAYSON COUNTY

IN THE 59^TH JUDICIAL DISTRICT COURT

TRIAL COURT NO. 46130-A

Per curiam.

O R D E R

Relator has filed a motion for leave to file a writ of mandamus. In it, he contends that he filed an application for a writ of habeas corpus in the 59^TH Judicial District Court of Grayson 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 Grayson 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); by 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 Grayson 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.

IT IS SO ORDERED THIS THE 22^nd DAY OF MARCH, 2006.

DO NOT PUBLISH