Opinion
NO. WR-90,276-01
09-11-2019
IN RE SHAWN TODD BICHSEL, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 1217 IN THE 47 DISTRICT COURT FROM ARMSTRONG COUNTY Per curiam. ORDER
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 mailed an application for a writ of habeas corpus to be filed in the 47 District Court of Armstrong County, and that the District Clerk has not accepted or filed the writ application. "The district clerk of the county of conviction shall accept and file all Code of Criminal Procedure article 11.07 applications." TEX. R. APP. P. 73.4(a).
In these circumstances, additional facts are needed. Respondent, the District Clerk of Armstrong County, is ordered to file a response addressing Relator's claim, or stating that Relator has not attempted to file an application for a writ of habeas corpus in Armstrong County. Should the response stipulate that any writ applications have been returned to Relator without being filed, Respondent shall state the date application was received, specify what actions were taken, and provide her legal rationale, if any. This application for leave to file a writ of mandamus shall be held in abeyance until Respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order. Filed: September 11, 2019
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