Benavides, Ruben

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-71,085-01

RUBEN BENAVIDES, Relator

v.

SCURRY COUNTY DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 8933-A IN THE 132ND JUDICIAL DISTRICT COURT

FROM SCURRY COUNTY

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 11.07 application for a writ of habeas corpus in the 132nd Judicial District Court of Scurry County on July 30, 2008, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court. He also alleges that the district judge entered an order designating issues on September 24, 2008.

In these circumstances, additional facts are needed. The respondent, the District Clerk of Scurry 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 Scurry County. The district clerk shall also supplement the record with information as to when the State was served with a copy of the 11.07 application. 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: January 14, 2009

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