Glover, Earnest Lee Jr.

• Court: Court of Criminal Appeals of Texas
• Decided: December 17, 2008
• Docket: WR-71,084-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-71,084-01

EARNEST LEE GLOVER, JR. , Relator

v.

BELL COUNTY DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NOS. 61849 & 60593 IN THE 264^TH JUDICIAL DISTRICT COURT

FROM BELL 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 two applications for a writ of habeas corpus in the 264^th Judicial District Court of Bell 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 Bell County, is ordered to file a response, which may be made by: submitting the record on such habeas corpus applications; submitting copies of timely filed orders that designate issues to be investigated, see McCree v. Hampton, 824 S.W.2d 578 (Tex. Crim. App. 1992); stating that the claims asserted in the applications filed by Relator are not cognizable under Tex. Code Crim. Proc. art 11.07, § 3; or stating that Relator has not filed any applications for a writ of habeas corpus in Bell County. 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: December 17, 2008

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