BRANDON K. LAIR v. HARRIS COUNTY DISTRICT CLERK (other)

OF TEXAS

NO. WR-74,084-04

BRANDON K. LAIR, Relator

v.

HARRIS COUNTY DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 1105077 IN THE 262ND 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 an application for a writ of habeas corpus in the 262nd 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.

On January 5, 2011, we held Relator s application in abeyance and ordered the respondent, the District Clerk of Harris County, to file a response. In our abeyance order, we wrote: 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. On January 18, we received copies of orders designating issues signed on March 31 and April 8, 2010, but no proof of the date the district attorney s office was served with Relator s habeas application. This application for leave to file 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: January 26, 2011

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