Opinion
WR-60,434-06
06-28-2023
IN RE JOSE CAVAZOS, Relator
Do not publish
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 4571-B IN THE 197TH DISTRICT COURT FROM WILLACY COUNTY
ORDER
Per curiam.
In April 2019, Relator filed a motion for leave to file an application for a writ of mandamus under this Court's original jurisdiction. In it, he contended that he filed an application for writ of habeas corpus in the 197th District Court of Willacy County in February of 2017 but that it was never forwarded to this Court.
On May 15, 2019, this Court ordered Respondent, the District Clerk of Willacy County, to state whether Jose Cavazos had filed applications for writs of habeas corpus that had not been timely forwarded to this Court. After sending two letters reminding Respondent that we had not received a response, the Court issued a show cause order against Respondent on May 17, 2023.
The Deputy Clerk filed a response to that show-cause order stating, among other things, that the last filing from Relator related to cause number 4613-B was a" Fourth Application for Writ of Habeas Corpus" that "was submitted on November 20, 2017." However, the Court's records indicate that we never received this fourth habeas application, nor any filing pertaining to it.
Accordingly, Respondent shall forward to this Court Relator's fourth habeas application related to cause number 4613-B that Respondent states was submitted on November 20, 2017. See Tex. Code Crim. Proc. art. 11.07, § 3(c) and (d); Tex.R.App.P. 73.4(b)(5). Respondent shall also forward the entire writ record related to that habeas application, including findings and conclusions entered by the trial court, affidavits, motions, objections, proposed findings and conclusions submitted by the parties, orders, transcripts from hearings, depositions, etc. Id. This motion for leave to file will be held. Respondent shall comply with this order within thirty days from the date of this order.