Opinion
NO. WR-84,468-02
05-11-2016
IN RE GLENN DALE CLEVELAND, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 2360 IN THE 121ST DISTRICT COURT FROM YOAKUM 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 121st District Court of Yoakum County in February of 2016, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court. This Court received an application for a writ of habeas corpus pertaining to this conviction in January of 2016, and denied relief on February 10, 2016. Relator is presumably referring to a different application, filed in the district court in February of 2016.
In these circumstances, additional facts are needed. Respondent, the District Clerk of Yoakum 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 which 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 Yoakum 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: May 11, 2016
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