Opinion
WR-66 392-19
05-31-2023
IN RE JOHNIFER RAY MUMPHREY, Relator
Do not publish
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 47651-B-H-3 IN THE 124th DISTRICT COURT FROM GREGG COUNTY
ORDER
Per curiam.
Relator filed a motion for leave to file an application for a writ of mandamus under this Court's original jurisdiction. He alleges that he has not received a copy of the record in his habeas application WR-66,392-17. See Art. 11.07 § 7; Tex. R. App. Proc. 73.4(b)(2). Relator also asserts that he did not receive notice that the record had been transmitted to this Court.
The district clerk has a ministerial duty to send, "among any other pertinent papers or supplements," copies of the application, any answers filed, any proposed findings of fact and conclusions of law, the district court's findings of fact and conclusions of law, and any objections to the court's findings of fact and conclusions of law filed by either party to all parties in the case when certain materials are filed or made part of the record, and to "immediately notify all parties in the case" when the clerk transmits the record to this Court. See Art. 11.07, § 3(c); Tex. R. App. Proc. 73.4(b)(2), (4), (5).
Respondent, the District Clerk of Gregg County, shall forward Relator a copy of the record designated in the trial court's findings of fact and conclusions of law in his habeas application WR-66,392-17, or shall respond that this record was provided to Relator. See Art. 11.07 § 7; Tex. R. App. Proc. 73.4(b)(2). In addition, the clerk shall notify Applicant that the record was transmitted to this Court, or shall respond that notice was provided. Tex.R.App.P. 73.4(b)(2). This motion for leave to file will be held. Respondent shall comply with this order within thirty days from the date of this order.