Abel Medrano 11743611
Dalhart Unit TDCJ MOTION DJCNI~ID
1 1 9 5 o I? r•J 9 9 a
Dalhart, Texas 79022 DATE: LM:30-f5
April 03, 2015 BY: PG
Abel Acosta ·
Clerk, Criminal Appeals
P.o. Box 12308, Capitol Station
Austin, Texas 78711 ·
RE: State of Texas v Abel Medrano, ~8602
Sub: Motion to Stay Proceedings with Order
Dear Clerk:
Enclosed please find for filing Movant's Motion to Stay Proceed-
ings with Orde~. Please file date stamp and bring to the attent-
ion of the Court.
Also e~cilosed, ·please find a ~dpy of this letterhead. Please file
date s famr> same and return in the provided se l f.i addressed starnped
envolp~e~~:·~··?·- ·. : · ·:.·\\ /::.IJ. •. ~~ .·~ .· t~ ,··
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Th~nkl you for your assistance on this matter.
·sincerely,
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Abel Nedrano
t'lovan t pro se
RECEIVED IN
COURT OF CRIMINAL APPEALS
APR 15 2015
_J\bei_Ac,osta, Clerk
AM/
.. cc: .- 'i:r'Lf' :· ·.. '·. . ', I' . ' .··-. .
Larry Allison, P.O. Box 1300, Lampasas, Texas 76550, Via u.s.
··Po~tal Secvice, first class, postage prepaid.
Enclo·sure: Origl.:nal· Motion to Stay' ·Proceedin<_is wlth Order; self
.addressed stamped .envelppe
NO.
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IN THE
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
EX PARTE § ORIGINATING IN THE 27th
§ DISTRICT COURT IN AND FOR
ABEL MEDRANO § LAMPSAS COUNTY, TEXAS
MOTION TO STAY PROCEEDINGS
TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL APPEALS:
COMES NOW, Abel
;zy,
Medrano, Texas Department of Criminal justice
(TDCJ)-ID #1743611, hereinafter "Movant" pro se in the above cap-
tioned cause and moves this Honorable Court to Stay Proceedings,
not for reason of delay but, requesting due process and offers
this Honorable Court the following in support thereof:
Statement of the Case
On January 28, 2015, Movant filed Original Application for ~vrit
of Habeas Corpus, §11.07, §11.073, with the district clerk of Lam-
pasas, Texas, Lampasas County, with Memorandum in Support.
On March 11, 2015, Movant's application was received by this
Court's Honorable Clerk and present to the Court.
On March 24, 2015, Movant received the Clerk's notice of same.
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On March 30, 2015, Movant sent correspondence to the district
clerk requesting a copy of the State~s Answer be forwarded immed-
iately.
To date, Movant has not received a copy of the requested, nno
has he received notice that the State filed an answer in response
to his application.
Due Process
Movant is r~questing he be afforded due process guaranteed to
him by the Fourteenth Amendment to the United States Constitution
and Ar.ticle 1, subsections 10 and 19, on the Texas Constitution,
in the event the State has in fact filed an answer in response to
his application, .but has failed to inform and forward a copy_of
same, in violation of due process.
Conclusion
Movant requests an opportunity to file an objection and refute
any and all assertions and/or contentions made by the State_and
contained in their answer in response to his application for Writ
of Habeas Corpus, §11.07, §11.073. Movant requests t~~t the State
be compelled to forward Movant a copy of same, if one in fact has
been filed with his application in this Court. Movant is entitled
to due process in this proceeding and requests an opportunity_to
file an objection, refuting any and all assertions and/or conten-
tions wit&'n the State's answer. Movant requests that the time
frame to be reinstated to reflect the proper time to begin the
date Movant receives the requested copy of the State's answer. In
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the event the State has failed to file an answer pursuant to_the
Texas Code of Criminal Procedure(CCP) art. §11.07(3)(a), only
filing Movant's application by itself, Movant requests this_Hon-
orable Court to consider this Motion to Stay Proceedings, as moot
and to grant his application for Writ of Habeas Corpus, §11.07,
§11.073.
Prayer
WHEREFORE, PREMISES CONSIDERED, Movant respectfully requests
this Honorable Court to consider Movant's Motion to Stay Proceed-.
ings and to issue an Order this Honorable Court deems appropriate
in this cause. So prayed •
. l
Respectfully submitted,
~ __.-·
Abel Medrano #1743611 .
Dalhart Unit TDCJ
11950 FM 998
Dalhart, Texas 79022
Movant poo se
Certificate of Service
I, Abel Medrano, hereby certify that a true and correct_copy
of the foregoing Motion to Stay Proceedings was filed on this the
3rd day of April, 2015, by placing same in the Dalhart Unit's in-
ternal mail system addressed to: Larry Allison, P.O. Box 1300,
Lampasas, Texas 76550: and to the Honorable Clerk of the Court of
Criminal Appeals, P.O. Box 12308, Capitol Station, Austin, Texas
78711.
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Movant pro se
Unsworn 6eclaration
I, Abel Medrano, TDCJ-ID #1743611, being presently incarcer-
ated in the Dalhart Unit of the Texas Departmwen' of Criminal
Justice in Hartley County, Texas, verify and declare under penal-
ty of perjury, that the foregoing statements are true and correct
and that the original Motion to Stay Proceedings were placed_in
the Dalhart Unit's internal mailing system on this the 3rd day of
April, 2015.
Executed on this the 3rd day of April, 2015.
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Abel Medrano #1743611
Movant pro se
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