GREG BEAUCHAMP v. HARRIS COUNTY DISTRICT CLERK (other)

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IN THE COURT OF CRIMINAL APPEALS 

OF TEXAS

 

NO. WR-71,417-01

GREG BEAUCHAMP, Relator

 

v.

 

HARRIS COUNTY DISTRICT CLERK, Respondent

 

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NOS. 9410635 & 9410636,

IN THE 339th JUDICIAL DISTRICT COURT FROM HARRIS COUNTY

Per curiam.
O R D E R

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 two applications for writs of habeas corpus in the 339th 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.

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); by 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 Hidalgo County. It appears that orders designating issues may have been signed in these causes, but those orders may have been untimely. Should the response include an order designating issues, proof of the date the district attorney's office was served with the habeas application shall also be submitted with the response.

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: September 29, 2010

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