IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-77,782-01
ROBERT L. JOHNSON, Relator
v.
TARRANT COUNTY DISTRICT CLERK, Respondent
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. 1260997
FROM TARRANT 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 an application for a writ of habeas corpus in Tarrant 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. Respondent, the District Clerk of Tarrant County, is ordered to file a response, which may be made by submitting the record on such habeas corpus application filed under Article 11.07 of the Code of Criminal Procedure, 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 under Article 11.07 in Tarrant 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. Should the response state that no application has been filed under Article 11.07, the response should indicate whether Relator has any other habeas corpus applications pending in Tarrant County. 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 18, 2012
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