Ruston v. Collin District Clerk

Full title: LESTER JON RUSTON, Relator v. COLLIN DISTRICT CLERK, Respondent

Court: Court of Criminal Appeals of Texas

Date published: Aug 20, 2008

No. WR-49,101-11 (Tex. Crim. App. Aug. 20, 2008)

Opinion

No. WR-49,101-11

Filed: August 20, 2008. DO NOT PUBLISH

On Application for Writs of Mandamus, Cause No. 366-80769-99, In 366^th District Court from Collin 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 366th Judicial District Court of Collin County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court. Specifically, he contends that he filed a habeas application and a supplement to it in November 2007. In these circumstances, additional facts are needed. The respondent, the District Clerk of Collin 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 (Tex.Crim.App. 1992); by stating that the nature of the claims asserted in the application 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 an application for habeas corpus in Collin 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.