9
Rodney John Ramirez"#8649l3
William P.Clements Unit
9601 Spur 591
Amarillo, Texas 79107-9606
Honorable Mr.Abel Acosta, Clerk
TEXAS COURT OF CRIMINAL APPEALS
P.O. BOX 12308, Capitol Station
Austin/ Texas 78711
REZ RobNEY JoHN.RAMiREZ
CCA No.wR-25,057-12
Trial Court No.59793
"MOTION FOR ENTRY OF' DEFAULT JUDGMENT OR
ISSUANCE OF MANDAMUS "
vDear'Honorable Clerk/
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M©TB©N DEB\'H]ED
©ATE: y / 15
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February 10 2015
RECE|VEI |N
couRT oF cR\M\NAL APPEALS
FEB 13 2015
Ahel Acosita, Cileu'k
Enclosed please find the original of the aforementioned 'motion'
submitted this day for filing among the papers of the above-
styled and numbered cause. Please process said
same to the Court's attention.
'motion' and bring
I Thank You in advance for your kind professional time and
assistance in this matter.
cc:File
William P
9601 Spur 591
Amarillo/
lements Unit
Sincerely/Respectfully,
n ” \w
Texa§ 79107-9606
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
RODNEY JOHN RAMIR}_:".Z, RELATOR/ CCA NO.WR-251057-12
-VS-` / TC CASE No.59793
§
EL PA`SO COUNTY DISTRICT CLERK.
RELATOR'S MOTION EOR ENTRY OF-
DEFAULT J_UDGV!ENT OR ISSUANCE OF MANDAMUS
'1'0 THE H(I\IORABLE JUDGES OF` THE TEXAS COURT OFl CRIMINAL APPEALS:
CoMES_Now, RoDNEY JoHN RAMIREZ, Relator, acting pro se under
the above-styled and numbered cause, and respectfully files this,
"Relator's Motion For_Entry Of Default Judgment Or Issuance Of
Mandamus.' In support thereof, Relator will show this Honorable
Court the following.
I.
Qn December 3,2009, Relator filed a post-conviction applica-
tion for writ of habeas corpus with the Office of the El Paso
County District Clerk under the above-numbered Trial Court Cause
Number. The application was amended on March 30,2013, per-order
of this Court (Texas Court of Criminal Appeals) and the El Paso
County District Clerk. No action has been taken on Relator's app-
` lication since it has been amended on March 30,2013. On Sqm£mber
2,2014, Relator filed "Motion For Issuance Of Mandamus" with this
Honorable Court, seeking an order to compel the El Paso County
Districk Clerk to transmit the record to this Court, or in the
alternative, for this Court to grant the relief sought within
_]__
x
Relator's application for writ of habeas corpusa
On September 24,2014, this Honorable Court of Criminal Mxkals
entemxi its Order: MOTION FOR LEAVE TO FILE HELD IN ABEYANCE AND
DISTRICT CLERK oRDERED To RESPoND, thirty-(30)-days from the date
of issuance of said order.
II.
REASON PbR GRANTING RELATOR'S MOTION FDR ENTRY OF
'DEFAULT JUDGMENT OR ISSUANCE OF MANDAMUS
Respondent has taken_no action as required by law and the ef?
fect of failure to respond in this case where a responsive plea-
ding is required, Applicant's allegation's are admitted as True
when not denied in a responsive pleading. Article 11.07,§3. All-
gations in a pleading to which no responsive pleading is required
or permitted shall be taken as denied or voided. Thus, the alleg-
ations in Relator's post-conviction application for writ of mdmas
corpus require a responsive pleading and as such, have not been
denied, although more than enough time has elapsed since the fil-
ing date of Relator's application and the District Clerk's
blatant disregard of this Honorable Court's order entered on Sep-
tember 24,2014.
WHEREFORE, in the interest of justice Relator prays this
'motion' be granted.
Respectfully Submitted on this lO day of February,2015.
f
¢§. \\s\...g,0\1‘n‘\ slmxti\_A/)
Rodney Jo § §amirez, '-lato
TDCJ-CID#854913
William P.Clements Unit
9601 Spur 591
Amarillo, Texas 79107-9606