IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-58,461-04
JOSE ARIZ SAN MIGUEL, Relator
v.
HARRIS DISTRICT CLERK, Respondent
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NOS. 925459, 924873 and 925535 IN THE 230th JUDICIAL DISTRICT COURT
FROM HARRIS COUNTY
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 applications for a writ of habeas corpus in the 230th Judicial District Court of Harris 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 Harris County, is ordered to file a response, which may be made by: submitting the record on such habeas corpus applications; submitting a copy, or copies, of a timely filed order which designates issues to be investigated, see McCree v. Hampton, 824 S.W.2d 578 (Tex. Crim. App. 1992); stating that the nature of the claims asserted in the applications filed by Relator are such that the claims are not cognizable under Tex. Code Crim. Proc. art 11.07, § 3; or stating that Relator has not filed applications for habeas corpus in Harris County. This application for leave to file a writ of mandamus shall 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: March 17, 2010
Do not publish