Ryan, Timothy Wayne

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-71,919-02

TIMOTHY WAYNE RYAN, Relator

v.

TITUS COUNTY DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 15,114 IN THE 276TH JUDICIAL DISTRICT COURT

FROM TITUS 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 276th Judicial District Court of Titus County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court.

In these circumstances, additional facts are needed. The respondent, the District Clerk of Titus County, is ordered to file a response, which may be made by: submitting the record on such habeas corpus application; submitting a copy of a timely filed order that designates issues to be investigated, see McCree v. Hampton, 824 S.W.2d 578 (Tex. Crim. App. 1992); stating that the claims asserted in the application filed by Relator are not cognizable under Tex. Code Crim. Proc. art. 11.07, § 3; or stating that Relator has not filed an application for a writ of habeas corpus in Titus County. This application for leave to file a writ of mandamus shall be held in abeyance until the respondent has submitted the appropriate response. This response shall be submitted within 30 days of the date of this order.

Filed: February 24, 2010

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