n^-o\ IN THE COURT OF CRIMINAL APPEALS 0F TEXAS tVlOTlOBSS DENIED DATE: \\M'\^ NO. WR-82,546-01 BY:_20 EX PARTE § IN THE DISTRICT COURT § JAMES JAVANCE DAVENPORT 292nd JUDICIAL DISTRICT § DALLAS COUNTY, TEXAS. § MOTION OF DEFAULT To the honorable Court Of Criminal Appeals. Comes now, James Javance Davenport, Applicant, and would respectfully show the fol lowing ; Applicant was convicted of the offense of capital murder and sentenced to life imprisonment. On May 12,2014, applicant filed his original application for writ of habeas. Styled W05-41796-V(A). II. On June 6,2014 an order designating issues was signed by the trial court. On December 4,2014 the clerk.of the trial court trans mitted to this Court this application for writ of habeas corpus, without completing it's fact findings and conclusions of law. III. Occording to*the Texas Rules of Appellate Procedures (T.R.A.P) the trial court has 6 months to complete it's fact findings and conclusions of law, which the trial court failed to do. This was caculated to stall the procedure. COURT QFCWmWIAlB MAR 30 2015 Afe©IAeosfa,GI§rk Page 1 of 2 Motion cont IV, Applicant moves this Court to consider the trial court to be in default and would ask this Court to move forward with the issues set out in applicant's original application for writ of \v habeas corpus without any further consideration or fillings from the State or Trial Court. PRAYER. Applicant prays that this Court will consider and grant this "MOTION OF DEFAULT" and make such findings that will see justice done in this case. Signed this 24th day of March, 2015 lly submitted, James J Davenport TDCJ# 01632406 Bill Clements Unit' 9601 Spur 591 Amarillo, Texas. 79107-9606 INMATE'S UNSWORN DECLARATION " I, James Javance Davenport, TDCJ# 01632406, being presently incarcerated at the Bill Clements Unit in Potter County, Texas, do declare under penalty-.of perjury that the foregoing statements made in this motion of default are true and correct to the best of my knowledge". Signed this 24th day of March. Page 2 of 2 CERTIFICATE OF SERVICE I, James J Davenport, certify that a true copy of the fore going " Motion of Default ", was served on the COURT OF CRIMINAL APPEALS of TEXAS, P.O. BOX 12308, CAPITOL STATION, Austin, Texas 78711, by depositing same in the United States mail, postage pre paid, on March 24,2015. James avenport COURT OF CRIMINAL APPEALS P.O. BOX 12308, Capitol Station Austin, Texas. 78711 UNITED STATES COURT OF APPEALS Fifth District Federal Building 600 S. Maestri Place New Orleans, LA. 70130 Page 3