§§ )'37/)"'6} v Sépt 1,2015 IN THE COURT OF CRIMINAL APPEALS

oF TEXAS \ HE©EWEI @UN No. wR-83,377-01 COURT OF CQ|MINM ALQPEALS IN RE: EUGENE HART., PLAINTIFF n SEP §§ 2253 ON APPLICATION FOR WRIT OF MANDAMUS Q[@@”A@@S?@ ©g@Wf CAUSE NO. 509703-A IN THE 209TH DISTRICT COURT FROM-HARRIS COUNTY DECLARATION FOR ENTRY OF DEEAULT I, EUGENE HART TLDLC:J. #541604, hereby declare: I am the plaintiff herein.

The Court files and record herein show that the 209TH DISTRICT COURT, HARRIS COUNTY, TEXAS was Served by the COURT OF CRIMINAL APPEALS OF TEXAS, WITH AN ORDER to file and respond to plaintiff's Habeas Corpus on the Bth day July 2015.

More than 30 days has elaped since the ORDER was Submitted.The209thIESTRICT COURT, HARRIS'COUNTY TEXAS have failed to answere or otherwise defend as to the C.C.A. ORDER to submit all documentation relating to the plaintiff's C;C.P¢-ll.07 Application for writ of habeas corpus.

I Eugene Hart T.D.C.J. #541604 declare under penalty of perjury that the foregoing in true and correct.

Executed on this the lst day of September, 2015

HART #541604 MICHAEL UNIT 2664 FM 2054 TENNESSEE COLONY, TEXAS 75886 -¢\ _ application has not yet been forwarded to this

lN THE couRT oF cRuvnNAL APPEALS_ oF T'ExAs

No; Wiz-8'3,377-01 IN RE EUGEN E HARTF, Relator

ON APPLICATION FO_R A WRIT OF MANDAM_US CAUSE NO. 509703-A IN THE 209TH DISTRICT COURT FRO_M HAF RIS COUNTY

Per curiam.

Q_BlDER` Relator has filed a motion for leave`tC' jurisdicticno fthis Court. ln it, he contends 111::~’ in the 209th District Court of Harris County,' In these circumstances, additional facts County, is ordered to file a response, Which m corpus application, submitting a copy.of a file a Writ of mandamus pursuant to the original he 11. 'ed an application for a w1itofhabeas cotpus that more than 35 days have elapsed, and that the Court. are needed. Respondent, the District Clerl< of _Harris ay be made by submitting the record on such_habeas 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 that

" l -Relator has not filed an application for a writ of habeas corpus in Harris 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-. vSuc`h response shall be submitted within 30 days of the date of this order. ,Filed:' July 8, 2015 Do not publish