Opinion
WR-45,397-12
02-07-2024
IN RE DONALD EUGENE MIMS, Relator
Do not publish
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NOS. 16-02211-CRF-85-B, 19-00799-CRF-85-B, & 19-00800-CRF-85-B IN THE 85TH DISTRICT COURT FROM BRAZOS COUNTY
ORDER
PER CURIAM.
Relator has filed a motion for leave to file an application for a writ of mandamus under this Court's original jurisdiction. He alleges that he filed applications for writs of habeas corpus in Brazos County on July 7, 2023. He further alleges that the trial court entered an order designating issues on August 22, 2023, which ordered trial and appellate counsel to file affidavits in response. Relator complains that trial counsel has not filed the ordered affidavit within the 90-day deadline imposed by the trial court; that the trial court has not resolved the issues alleged in his habeas applications within the 180-day statutory deadline; and that the district clerk has not timely forwarded the applications to this Court.
Respondent, the District Clerk of Brazos County, shall forward Relator's habeas applications to this Court, respond that Relator has not filed habeas applications in Brazos County, or forward copies of the order(s) designating issues together with correspondence documenting the date the State received Relator's habeas applications. See Tex. Code Crim. Proc. art. 11.07, § 3(c) and (d); Tex.R.App.P. 73.4(b)(5). This motion for leave to file will be held. Respondent shall comply with this order within thirty days from the date of this order.