. . ._1
This document contains some JAMES BSTRANDER #1675595.
pages that are of poor quality HUGHES UNIT
at the time of imaging. RT 2, BQ~ 4400 .
GATESVILLE,TEXAS 76597
April 29, 2015
·-·
COURT OF CRIMINA!. APPEALS
P.O. BOX 12308
AUSTIN,TEXAS 78711
Dear Cl!erk,
- ~
Enclosed is the PLAINTIFF'S ORIGINAl. APPLICATION FOR t-1RIT OF MANDAMUS
(
'-
to be filed. Please assign a cause nu'mber, and stamp file copy of this
. .
-~ cover letter and return to me in th~ self-addressed stamped envelo~e
that I.'ve provided.
• • ·, j: .--
5fti~Rtt( Thank you for your attention in this matter.
Sincerely,
--
..
-------
RECENED\N
tOUR1' Of CR\M\NAL APPEALS
APR 2 91 ?.0\5
Abe\ Acosta, C\erk
JAMES OSTRANDER § fN TH8IN66Tn!L IUDii:CIA'·
TDCJ-ID# 1675595, §
Relator § THE
§, IF~:;TBJ CT Comn ®F
vs. § COURT OF CRIMINAl APPEALS
WANDA PRINGLE, COUNTY DISTRICT CLERK: §
IN HER OFFICIAL CAPACITY, §
Respondent §
A. PLAINTIFF'S ORIGINAL APPLICATION FOR WRIT OF MANDAMUS
TO THE HONORABLE JUDGE OF SAID COURT":
COMES NOW, James Ostrander; TDCJ-ID# 1675595, Relator, pro se in the above-
styled and numbered cause of action and tiles this Original Application
For Writ of Mandamus, pursuant to krticle 11.07 Section 3~c) of the Texas
Code of Criminal
' ..... Procedure, and would show the court the following:
B. RELATOR I.
1.01 James Ostrander, is a prisoner incarcerated in the Texas Department
of Criminal Justice and is appearing pro se, who can be located at the:
Hughes Unit
Rt. 2, Box 4400
Gatesville,Texas 76597
1.02 Relator has exhausted his remedies and has not other adequate rem~dy
at law.
1.03 The act sought to be compelled is ministerial, not discretionary in
nature. TCCP Art. 11.07 Section 3(c) requires Respondent .to immediately
transmit to the Court of Criminal Appeals a copy of the application for
writ of habeas corpus, any answers filed, and a certificate reciting the
...
.:··.
date upon which that finding was made; ~f the convicting court decides that
there are no issues to be resolved. No copy of the application for Writ
of habeas corpus, any answers filed, and a certificate reciting the date
1,
"/
upon which that finding was made have been transmitted to the Court of Crininal
Appeals. Had such documents been transmitted to the Court of Criminal Appeals
by Respondent as required by statue, Relator would have received notice
from ·the· Courtnof Criminal App~als.hv I'"•sn•;rv:l_·,~r:t '.S r.enuh:!!•d rv ~tat~lf·ro,
II.
C. RESPONDENT
. -·
2.01 Respondent, Wanda Pringle, in h~r capacity as District Clerk of Earth
Coonty, Texas has a ministerial duty to receive and file all papers in
a criminal proceeding, and perform all other duties imposed on the clerk
by law pursuant to TCCP Art. 2.21, and is responsible under TCCP 11.07
~ Sec. 3(c) to immediately transmit to the Court of Crimi.nal Appeals
a copy of the application for writ of habeas corpus, and answers filed,
and a certificate reciti.ng the date upon lAThich that finding was made if
·the convicting cou~t decides that'the~~ are no issues to be resolved.
Wanda Pringle, District Clerk, of Earth County may be served at her place
of business at P.O. Box 1427, Stephenville,Texas 76401.
III.
-- ~ ·-·
D. VIOLATION OF ARTICEE 11; 07 6F THE TEXAS CODE OF CRIMIIIAL PROCEDURE
3. 01 The Respondent violated Art. ll. 07 Sec. 3 (c) of the Texas Code of
Crimin~l Procedure by failing to provide a copy of the application for
writ of habeas corpus, any answers filed, and a certificate reciting the
date upon which that finding was made to the Court of Criminal Appeals
within the time prescribe~ by law and within a reasonable time from the
date on which the documents were requested to be transmi.tted.
3.02 Request for the transmittal of the application lfior Hri.t of habeas
corpus was ma~e by Relator to Wanda Pringle, Di.strict Clerk of Earth County
2.
and Respondent has refused to stamp file the date of the copy that Relator
has sent her, and Respondent kept the self-addressed-stamped envelope.
A true e~nd correct copy of the ~ tKJHfli!fR above letter is attached hereto
. .
as Exhibit-A and is incorporated by reference herein for all purposes.
3.03 To date, Relator has received no response from Respondent regarding
Relator's request for transmittal of a copy of the application for writ
of habeas corpus, an:f. answers filed, and a certificate reciting·the date
upon which that findi.ng was made to the Court of Criminal Appeals·~
3.04 Relator has repeatedly put Respondent on notice that Relator seeks
the transmittal of a copy of the application for writ of habeas corpus,
any ans~vers filed, and J:Rfft a certif:i.c3te reciting the date upon which
that finding was made to the Court of Criminal Appeals. In contrast to
Relator's efforts, Respondent has wholly failed to comply If* with the
Texas Code of Criminal Procedure, Art. 11.07 Sec. 3(c), is acting in bad
faith, and has also failed to afford Rela.tor the professional and common
courtesy of any written responses to his correspondence and requests.
3.05 Article 11.07 Sec. 3(c) clearly states that "[i!f the convicting
court decides that there are no such issues, ~he clerk shall immediately
transmit [emphasis added] to the Court of Cri.minal Appeals a copy of the
appication, any answers filed, and a certificate reciting the date upon
which that finding was made. FDilute b6 the court to act within the allowed
20 days shall consti.tute such a finding." 'I'~HCM«K Texas Code of Criminal
Procedure .XI;J;!!~H Article lL 07 Sec. 3(c). Respondent is in violatiory.-
of this procedure, ministerial duties, and thus the laws of this state.
3.
IV.
E. PRAYER FOR RELIEF
B t.JHEREFORE, PREMISES CONSIDERED, Relator, James Ostrander, pro se, respect-
fully requests a finding that the Respondent did not transmit documents
to the Court of Criminal Appeals within a reasonable time after. the date
they were requested and that Relator brought this litigation in good faith
and has substantialfy prevailed. Relator prays for an Order directing
Respondent to transmit copy of the application 15or writ of habeas corpus,
any answers fi.led, and a certificate reciting the date upon which that
finding_ was made to the Court of Criminaol Appeals as directed in Art. 11.07
Sec. 3(c) of the Texas Code of Criminal Procedure and as requested i.n
Relator's letter (Exhibit-A).
I
-
UNSWORN DECLARATION
I, James Ostrander, TDCJ# 1675595, bei~g prese~tly incarcerated in the
Hughes Unit of the Texas Department of Criminal Justi.ce in Coryell County,
Texas verify and declare under the p(;!nalty of perjury that the foregoing
IHRWMMWKI statements and Exhibit-A are true and correct. Executed en this
the 29th day of April, 2015.
~-ostrander~167ss9s _________
Hughes Unit
Rt 2, Box 4400
Gatesville,Texas 76597
(254) 865-6663
4.
..',
Cause No.
-----------------
JAMES OSTRANDER § IN
TDCJ-ID# 1675595, §
., , Relator § THE
§ -
vs. § COURT OF CRIMINAt Al''P'E.~T.S
- §
HANDA PRINGLE, COlTh"TY _DISTRICT § AUSTIN, TEXAS
CLERK: IN HER OFFICIAL CAPACITY,§
Respondent §
ORDER
On this day, came on to be heard the fcregoing lUiR'!H~lU{ Plalntiff' s
Original Appl:i.cation for> W~i t of Mand~mu~ and i_t appears .to the Court that
the same should be:
GRANTED
IT IS THEREFORE ORDERED THAT the District Clerk shall immediately etl 1111it
transmit to the Court of Criminal Appeals a copy of the application for
writ of habeas corpus, any answers filed, and a certifi.cat<;! reciting tlie
date upon which that transm:i.ttal was ma.de.
SIGNED on this the_._ _ day of______________ ,, 20
PRESIDING- JUDGE -----
-·~-~---·\
~) .I i
;"· ' .
l
; t..'
:.·
i
;·. ,,\,,,,, \
f ......
·<· J:. ;" -..... \
'~ J ~
: ',, f
. ;
.~
• ·1"
r pgUEST LETTER TO, FOltWARD ·. '
~ITITIONEPS RABIAS'JCORPUS
~
.: