Jones, George

• Court: Court of Criminal Appeals of Texas
• Decided: August 24, 2011
• Docket: WR-42,010-04
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-42,010-04

GEORGE JONES, Relator

v.

HARRIS COUNTY DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 639038 IN THE 177^TH JUDICIAL DISTRICT COURT

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 177th 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. It appears that the habeas application was filed in the District Clerk's office on July 16, 2010, and that the trial court signed an order designating issues on September 16, 2010. However, there is no indication of when a copy of the application was served on the State, and therefore no indication of whether the order designating issues was timely entered.

In these circumstances, additional facts are needed. The respondent, the District Clerk of Harris County, is ordered to file a response, which may be made by submitting proof of the date upon which the district attorney's office was served with the habeas application. 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: August 24, 2011

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