WAINER RENTERIA v. HARRIS DISTRICT CLERK (other)

OF TEXAS

NO. WR-73,371-01

WAINER RENTERIA, Relator

v.

HARRIS DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 1047515 IN THE 228th JUDICIAL DISTRICT COURT

FROM HARRIS COUNTY

Relator has filed a motion for leave to file a writ of mandamus pursuant to the original jurisdiction of this Court. In it, he contends that he filed an application for a writ of habeas corpus in the 228th Judicial District Court of Harris County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court. It appears that the application referenced by Relator, allegedly filed in the district court in August 2009, was the second 11.07 application filed under this cause number. This Court has been informed of an order designating issues which was signed by the trial court in April 2009, prior to the application referenced by Relator.

In these circumstances, additional facts are needed. The respondent, the District Clerk of Harris County, is ordered to file a response, which may be made by: submitting the record on such habeas corpus application; submitting a copy of a timely filed order which designates issues to be investigated, see McCree v. Hampton, 824 S.W.2d 578 (Tex. Crim. App. 1992); stating that the nature of the claims asserted in the application filed by Relator is such that the claims are not cognizable under Tex. Code Crim. Proc. art 11.07, 3; or stating that Relator has not filed an application for habeas corpus in Harris County. If the District Clerk submits a copy of an order designating issues, the Clerk shall also inform this Court the date that the State was served with the 11.07 writ application referenced by Relator. The respondent shall also inform this Court whether this second application is being treated as a supplement to the first application or is being treated as a completely separate filing.

This application for leave to file a writ of mandamus shall be held in abeyance until the respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order.

Filed: February 3, 2010

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