McBride, Kirk Wayne

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-16,779-27

KIRK WAYNE MCBRIDE, Relator

v.

BEE COUNTY DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. B-07-1399-CV-B IN THE 156^TH JUDICIAL DISTRICT COURT

FROM BEE 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 on September 25, 2007, he filed an application for a writ of habeas corpus in the 156^th Judicial District Court of Bee County. But he contends that his application was mistakenly filed as a lawsuit pursuant to Chapter 14 of the Texas Civil Practices and Remedies Code.

In these circumstances, additional facts are needed. The respondent, the District Clerk of Bee County, is ordered to file a response stating whether Relator filed an application for a writ of habeas corpus in Bee County on September 25, 2007, and if so, whether that application was filed as a lawsuit pursuant to Chapter 14 of the Texas Civil Practices and Remedies Code. 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 5, 2007

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