Gates, Theodore Jr.

• Court: Court of Criminal Appeals of Texas
• Decided: April 12, 2006
• Docket: WR-37,830-05
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-37,830-05 THEODORE GATES, JR., Relator

v.

HARRIS COUNTY DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

FROM THE 180^th DISTRICT COURT OF HARRIS COUNTY

Per curiam.

O R D E R

This is an original application for a writ of mandamus.

Relator contends that he filed an application for writ of habeas corpus in the 180th Judicial District Court of HarrisCounty, but that the application has not been forwarded to the Court of Criminal Appeals even though more than thirty-five days have elapsed. Relator's contentions present a colorable claim to have prompt resolution of any grounds raised in such an application.

It is this Court's opinion that additional information is required before a decision can be reached. Therefore, the respondent, District Clerk of HarrisCounty, is ordered to file with this Court within thirty days a response by submitting the record on such application or a copy of an order designating issues to be investigated, see McCree v. Hampton, 824 S.W.2d 578 (Tex. Crim. App. 1992), or by stating the nature of any applications filed by Relator such that they are not filed pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, or that no applications by Relator have been filed.

IT IS SO ORDERED this the 12^th day of April, 2006.

DO NOT PUBLISH