Court of Criminal Appeals of Texas, 2007

Tolbert, Rickey Wayne

Tolbert, Rickey Wayne
Court of Criminal Appeals of Texas · Decided April 25, 2007

Tolbert, Rickey Wayne

Opinion

















IN THE COURT OF CRIMINAL APPEALS

OF TEXAS




NO. WR-14,650-08


RICKEY WAYNE TOLBERT, Relator



v.



203rd JUDICIAL DISTRICT COURT, Respondent




ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. W02-72223-P(B)

FROM DALLAS 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 203rd Judicial District Court of Dallas County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court. Relator contends that the district court entered an order designating issues on January 4, 2006.

In these circumstances, additional facts are needed. The respondent, the judge of the 203rd District Court of Dallas County, is ordered to file a response with this Court by having the District Clerk submit the record on such habeas corpus application, by noting that no such application has been filed, or by setting out the reasons that no findings have been made since the order designating issues was entered. This application for leave to file a writ of mandamus will 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: April 25, 2007

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