Kay, Ervin

33,’+;‘©-01 Mr. Ervin Kay October 5, 2015 TDCJ #1331828 Darrington Unit 59 Darrington Rd. Rosharon, Tx. 77583 RECHVED|N couRT 0\= cR!M\NAL APPEALS TEXAS COURT OF CRIMINAL APPEALS UCT OSZQH Attn: Court Clerk ' P.O._Box 12308, Capitol Station Austin , T>_< . 7371 1 ' qb@¢§gggi&,©ie€k Re§ cause No. wR-aa 710-01; T.c. # 10228331-A, 262nd Judicial District Court; Breach Of 'Certificate Of Service'. Dear Court Clerk: I am the Applicant in the above styled and referenced cause number. I've forwarded a 'Writ Of Mandamus' before the Court, seeking this Honorable Court to intervene and compel the lower court to respond to Applicant's State Habeas, which has been sitting for over five (5) years. In an Order from the State Attorney, Hon. JILL F. BURDETTE, dated 9/24/15, this Applicant was apprised, for the 'very first time, of the Court of Criminal Appeals' s Order dated 9/23/15. At no time was this Applicant forwarded a copy of such an Order. In addition, the State' s "ANSWER AND ANY EXHIBITS" in response to Applicant's Writ allegations were never forwarded to him, in breach of_'Certificate Of Service' proceedings. By depriving this Applicant of the required copy ' of the State' s Response, and relevant Court Order, I am ‘unable to submit any necessary 'Rebuttals' to the State' s response, up to and including a. response 'to nw;'Ineffective Assistance of Counsel' claims. Please forward me the necessary 'Orders' to the Clerk, along with any copy of the State' s and Trial Court response, so that a 'timely' rebuttal, if any, may be submitted. , Your help in this matter would be greatly appreciated. Sincerely, :Ervin Kay f Applicant Pro Se cc: 262nd Judicial District Court