Smith, James Charles

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-WR-42,718-04

JAMES CHARLES SMITH, Relator

v.

HARRIS COUNTY DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

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.

In these circumstances, additional facts are needed. The respondent, District Clerk of Harris County, is ordered to file a response with this Court by submitting the record on such habeas corpus application or a copy of an 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. art. 11.07, § 3, or that no applications by Relator have been filed. This application for leave to file a writ of mandamus will 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 9, 2006

DO NOT PUBLISH.