IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-36,292-02
JAMES DAVID TUTT, Relator
v.
THE DISTRICT CLERK OF NACOGDOCHES COUNTY, Respondent
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. 5387-93-6 IN THE 145TH JUDICIAL DISTRICT COURT
FROM NACOGDOCHES COUNTY
O R D E R
This is an original application for a writ of mandamus.
Relator contends that he filed an application for writ of habeas corpus in the 145th Judicial District Court of Nacogdoches County, but that the application has not been forwarded to the Court of Criminal Appeals even though more than thirty-five days have elapsed. 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 Article 11.07, § 3, V.A.C.C.P., or that no applications by applicant have been filed.
IT IS SO ORDERED this the 8TH day of February, 2006.
DO NOT PUBLISH