DAVIS, HERBERT EDWARD Jr.

• Court: Court of Criminal Appeals of Texas
• Decided: September 20, 2006
• Docket: WR-64,373-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

No. WR-64,373-02

HERBERT EDWARD DAVIS, JR., Relator

v.

179th JUDICIAL DISTRICT COURT

ON APPLICATION FOR A WRIT OF MANDAMUS

FROM HARRIS 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 179^th Judicial District Court of Harris County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court. Relator contends that the district court entered an order designating issues on December 20, 2005.

In these circumstances, additional facts are needed. The respondent, the judge of the 179^th District Court of Harris County, is ordered to file a response with this Court by having the District Clerk submit the record on such habeas corpus application or by setting out the reasons that no findings have been made since the order designating issues was entered. This application for leave to file a writ of mandamus will be held in abeyance until the respondent has submitted the appropriate response. Such response shall be submitted within 60 days of the date of this order.

IT IS SO ORDERED THIS THE 20th DAY OF SEPTEMBER, 2006.

DO NOT PUBLISH