The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-39,583-21
BILLY CHARLES WILKINS, Relator
v.
BROWN DISTRICT CLERK , Respondent
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. 13,872 IN THE 35th JUDICIAL DISTRICT COURT
FROM BROWN COUNTY
Per curiam.
O R D E R
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 35th Judicial District Court of Brown County, that more than 35 days have elapsed, and that
the application has not yet been forwarded to this Court.
In these circumstances, additional facts are needed. The respondent, the District Clerk of
Brown 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); 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 Brown County. If the response includes an order designating issues,
it should be accompanied by proof of the date the district attorney’s office was served with the writ
application. 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.
Filed: July 14, 2010
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