IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-77,978-01
JIMMY D. HILL, Relator
v.
DALLAS COUNTY DISTRICT CLERK, Respondent
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. W09-53582(A)IN THE 363RD DISTRICT COURT
FROM DALLAS 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, contends that filed an application for a writ of habeas corpus in the District Court of County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court. Relator alleges that the trial court entered an order designating issues on March 12, 2012, but that the order was untimely.
In these circumstances, additional facts are needed. Respondent, the District Clerk of Dallas 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 which designates issues to be investigated (see McCree v. Hampton, 824 S.W.2d 578, 579 (Tex. Crim. App. 1992)), or stating that Relator has not filed an application for a writ of habeas corpus in County. Should the response include an order designating issues, proof of the date the district attorney's office was served with the habeas application shall also be submitted with the response. This application for leave to file a writ of mandamus shall be held in abeyance until Respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order.
Filed: July 25, 2012
Do not publish