Shepherd, Clinton Ray

• Court: Court of Criminal Appeals of Texas
• Decided: August 9, 2006
• Docket: WR-28,179-04
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-28,179-04 CLINTON RAY SHEPHERD, Relator

v.

NACOGDOCHES COUNTY DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. F129002005 IN THE 145^TH/ 420^TH JUDICIAL DISTRICT COURT

NACOGDOCHES COUNTY

The order was delivered per curiam.

O R D E R

This is an original application for a writ of mandamus. Relator contends he filed an application for writ of habeas corpus in the 145^th/ 420^th Judicial District Court in cause number F129002005, but more than thirty-five days have elapsed and the application has not been forwarded to the Court of Criminal Appeals. Relator's contentions present a colorable claim to have prompt resolution of any grounds raised in such an application.

It is this Court's opinion that additional information is required before a decision can be reached. Therefore, the Respondent, District Clerk of Nacogdoches County, is ordered to file with this Court within thirty days a response by submitting the record on such application or a copy of a timely entered order designating issues to be investigated, see McCree v. Hampton, 824 S.W.2d 578 (Tex. Crim. App. 1992), or by stating the nature of any applications filed by Relator such that they are not filed pursuant to Tex. Code Crim. Proc. Article 11.07, § 3, or that no applications by Relator have been filed.

IT IS SO ORDERED this the 9^th day of August, 2006.

DO NOT PUBLISH