Benson, Adrian Jabar

• Court: Court of Criminal Appeals of Texas
• Decided: June 9, 2010
• Docket: WR-72,454-07
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-72,454-07

ADRIAN JABAR BENSON, Relator

v.

MONTGOMERY COUNTY DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 92-11-01026

IN THE 221^ST JUDICIAL DISTRICT COURT FROM MONTGOMERY 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 application for a writ of habeas corpus in the 221^st Judicial District Court of Montgomery County and that the district clerk's office refused to file the application.

In these circumstances, additional facts are needed. The respondent, the District Clerk of Montgomery County, is ordered to file a response. The response shall state whether Relator attempted to file an 11.07 writ of habeas corpus in Montgomery County around April 26, 2010 and whether that filing was returned to Relator unfiled. If so, the response shall state the reasons for the refusal to file the 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: June 9, 2010

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