Order entered January 15, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00049-CV IN RE MICHAEL LYNN SIMS, Relator On Original Proceeding from the 86th District Court Kaufman County, Texas Trial Court Cause No. 17022 ORDER Before Justices Moseley, Francis, and Fillmore The Court has before it relator’s petition for writ of mandamus claiming the trial court has violated a ministerial duty by not ruling on relator’s motion for post-conviction DNA testing.

The Court requests that real party The State of Texas file a response to the petition by MONDAY, JANUARY 28, 2013.

/s/ JIM MOSELEY PRESIDING JUSTICE