Hyder v. Bee Co Dist. Clerk

Full title: CALVIN RAY HYDER, Relator v. BEE COUNTY DISTRICT CLERK, Respondent

Court: Court of Criminal Appeals of Texas

Date published: Dec 6, 2006

No. WR-19,721-20 (Tex. Crim. App. Dec. 6, 2006)

Opinion

No. WR-19,721-20.

Delivered: December 6, 2006. DO NOT PUBLISH.

Appeal on Application for a Writ of Mandamus Cause No. B-05-M011-Prb in the 156^th Judicial District Court from Bee 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 156th Judicial District Court of Bee County, but that he has not received confirmation of the filing date or any other response from the district clerk. In these circumstances, additional facts are needed. The respondent, the District Clerk of Bee 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 Bee 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.