McCollum, Michael Wayne

• Court: Court of Criminal Appeals of Texas
• Decided: September 20, 2006
• Docket: WR-58,971-05
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-58,971-05

MICHAEL WAYNE MCCOLLUM, Relator

v.

DISTRICT CLERK

ON APPLICATION FOR A WRIT OF MANDAMUS

FROM FANNIN 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 writs of habeas corpus in the 336th Judicial District Court of Fannin 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 Fannin County, is ordered to file a response with this Court by submitting the record or records on such habeas corpus application or applications, by submitting a copy of a timely filed order designating issues to be investigated, McCree v. Hampton, 824 S.W.2d 578 (Tex. Crim. App. 1992), by submitting a statement indicating the nature of any application filed by Relator that was not filed pursuant to Article 11.07, Section 3, of the Texas Code of Criminal Procedure, or by submitting a statement that no application by Relator has been filed. Such response shall be submitted within 30 days of the date of this order. This application for a writ of mandamus is held in abeyance pending compliance with this order.

Filed September 20, 2006

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