_j' Augest ):2015 Texas Court of Criminal ~ppeals W 14th rm 106 P.O. Box 12308 Austin1 Texas 78711 Rl~: Request for Ma.ndamu.3 Dear cl e:::-k:: enclosed herein is one (1) original request for mandamus concerning Trial c~use 1089999-A. Please file with the court and place on the-court's docket. Thank you for your assistance in thi:s matter.

Tennessee Colony1 Texas 75884 CC:File

~ECE~VlED ~N COORT Of C~IMINAl A~PEALS AUG 1~ 2015 IN THE ·rE:XAS COURT OF CRIMINAL APPEALS IN PERSONA;'1 MATTHEW BLACKBURN § RELATOR § TRIAL CAUSE 1089999-A § v § § BRIAN RAINS 176th DISTRICT JUDGE HARRIS COUNTY TEXAS REQUEST FOR WRIT OF MANDAMUS Comes now Matthe~ Blackbur~Relatoc in the above styled cause to request this cou~t to issue a writ of' mandamus directed at Brian Rains in his capacity as ~iat~ict judge in the 176th district court of Harris county Texas (Tx,govt.co~e 24.001). ( JURISDICTION This court has juJ:~isdici:ion pursuant i:o Tx.Govt.eode 22.221 SUBJECT MATTER The relator has filed an CCP 11.07 application for a writ of habeas corpus, the subject ~atter of this request. The trial court received and filed such on Pebcuary 23,2015.

GROUNDS On f•1<le-ch ll, 2015 the state filed an answer finding contraverted issues that needed to be resolv8d. Their answer included a proposed ocd•~r f,)C d·?fense counsel Gi. en:1 Youngblood to address the applicant's allegatio~s. Judge Brian Rains has by tacit assent ~clined to perform his ministrial duty to execute an order fo~ ~ounsel to answer.

PaJe l of 3 MINISTERIAL DUTY The T x . Code . Ct" i m.. Pro c 11. 0 7 ( 3 ) ( d ) s tate s i n part , " •r h ~~ convicting court shall order" a party to answer. A judge has a reasonable time to act before mandamus will issue to compel the judge to perfocm a ministerial duty. See In RE Alport 276 SW3d pg 592 (Tex.~pp [1st] Dist 2008). Wj.thing35 days a court must either enter an order or transmit the ll-d7 to the court of criminal appeals. In re Escaremo (Te'<:.Cr.app 2009) 297 s'"r3<J p288.

CONCLUSION District judge Brian Rains has declined.his duty by the passing of four (4) months witho~t taking action on the ~pplicant's 11.07 as requireJ by law. No adequate r2medy exsists for the relator, yet he has an interest in this matter, being illegally .res:r~ined.

PRAYER Matthe~ Blackburn prays this court grant him relief and issue a .writ of rnandamus, compellin<J .Judge Brian rain:> to> ij,3SMe any order necessary or required by law, gr~nting relief to the r2lator in said cause.

P :.~'~ 2 of 3 .. ' i UNSWORN DECLARATION I, Matthe~ Blackburn do certify under penalty of perjury that the above and foregoing is true ani cocrect. This p m:- s tl a n t to T2.Civil.Practic.:&~:~:nedies 132.001. ~~--- //. - - ~~~-.- ---/ - 7~ y

CERTIFICAT~OF. SERVICE I Matthew- Blackburn do c.:ctify bhat a copy of the foregoing was mailed first class postage prepaid to the following pa;:-ties.: Chris Daniel Harris county district clerk P.O. Box 4651, Houston, Texas 77210.

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