Skillern v. Angelina Cty. Dist. Clerk

Full title: KENNETH WAYNE SKILLERN, Relator v. ANGELINA COUNTY DISTRICT CLERK…

Court: Court of Criminal Appeals of Texas

Date published: Mar 28, 2007

No. WR-59,104-02 (Tex. Crim. App. Mar. 28, 2007)

Opinion

No. WR-59,104-02

Filed: March 28, 2007. DO NOT PUBLISH.

On Application for a Writ of Mandamus, Cause No. 23,512, appeal from the 217^th Judicial District Court, from Angelina 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 applications for a writ of habeas corpus in the 217^th Judicial District Court of Angelina County on June 7, 2004 and September 28, 2006, that more than 35 days have elapsed, and that the applications have not yet been forwarded to this Court. In these circumstances, additional facts are needed. The respondent, the District Clerk of Angelina County, is ordered to file a response, which may be made by: submitting the record on such habeas corpus applications; submitting copies of timely filed orders that designate issues to be investigated, see McCree v. Hampton, 824 S.W.2d 578 (Tex.Crim.App. 1992); stating that the nature of the claims asserted in the applications 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 applications for a writ of habeas corpus in Angelina County. 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.