Davis, Gregory

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-69,258-02

GREGORY DAVIS, Relator

v.

UPSHUR COUNTY DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 11,534-A IN THE 115th JUDICIAL DISTRICT COURT

FROM UPSHUR 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 115th Judicial District Court of Upshur County, that the trial court entered findings on remand and the State filed a response, but that the District Clerk has not sent him any copies of documents filed the court or the prosecutor.

In these circumstances, additional facts are needed. The respondent, the District Clerk of Upshur County, is ordered to file a response, as to whether copies of any documents filed by the trial court or the State in Relator's previous habeas corpus application were mailed to Relator. See Art. 11.07, § 7. 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: October 29, 2008

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