Opinion
NO. WR-23,125-10
11-02-2016
IN RE WILSON EMELSY BROWN, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 729 IN THE 39TH DISTRICT COURT FROM KENT 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 filed an application for a writ of habeas corpus in the 39th District Court of Kent County, that the trial court signed an order recommending that his application be denied, and that his application has not yet been forwarded to this Court.
In these circumstances, additional facts are needed. Respondent, the District Clerk of Kent 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 that designates issues to be investigated (see McCree v. Hampton, 824 S.W.2d 578, 579 (Tex. Crim. App. 1992)), or stating that Relator has not filed an application for a writ of habeas corpus in Kent County. 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 Respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order. Filed: November 2, 2016
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