Opinion
NO. WR-87,329-01
09-27-2017
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NOS. CR-35,988-A AND CR-36,058-A IN THE 238TH DISTRICT COURT FROM MIDLAND COUNTY Per curiam. ORDER
Relator has filed a motion for leave to file an application for a writ of mandamus pursuant to the original jurisdiction of this Court. Relator states that he filed an application for a writ of habeas corpus in the 238th District Court of Midland County. More than 180 days has passed since the date he alleges the filing was made, so the application, if filed, should be forwarded to this Court as mandated by Texas Rule of Appellate Procedure 73.4(b)(5).
Respondent, the District Clerk of Midland County, is ordered to file a response, which may be made by submitting the record on such habeas corpus application(s), submitting proof of the date of receipt by the State showing 180 days has not yet elapsed, or stating that Relator has not filed an application for a writ of habeas corpus in Midland County. 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: September 27, 2017
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