Collins, Benny Lavern

• Court: Court of Criminal Appeals of Texas
• Decided: December 19, 2007
• Docket: WR-58,823-08
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-58,823-07 and 08

BENNY LAVERN COLLINS, Relator

v.

DALLAS DISTRICT CLERK, Respondent

ON APPLICATIONS FOR A WRIT OF MANDAMUS

CAUSE NOS. F-78-07488-M and F-78-04178-M IN THE 194th JUDICIAL DISTRICT COURT

FROM DALLAS COUNTY

Per curiam.

O R D E R

Relator has filed two motions for leave to file a writ of mandamus pursuant to the original jurisdiction of this Court. In these motions, he contends that he filed applications for a writ of habeas corpus in the 194th Judicial District Court of Dallas County, that more than 35 days have elapsed, and that the applications have not yet been forwarded to this Court.

In these circumstances, additional facts are needed. The respondent, the District Clerk of Dallas County, is ordered to file a response, which may be made by: submitting the record on such habeas corpus applications; submitting copies of a timely filed orders 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 applications 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 applications for habeas corpus in Dallas County. These applications 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: December 19, 2007

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