IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-28,195-05
EX PARTE FRED S. MUNOZ, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. 13-298 IN THE 130TH DISTRICT COURT
FROM MATAGORDA 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 130th District Court of Matagorda 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. Respondent, the District Clerk of
Matagorda 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, 579 (Tex. Crim. App. 1992)), or stating
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that Relator has not filed an application for a writ of habeas corpus in Matagorda County. Should
the response include an order designating issues, proof of the date the district attorney’s office was
served with the habeas application shall also be submitted with the response. 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: November 5, 2014
Do not publish
Munoz, Fred S.
Combined Opinion