IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-33,175-12

IVORY LYNN WICKS, Relator

v.

DALLAS COUNTY DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. W94-03920-M(H) IN THE 194^TH JUDICIAL DISTRICT COURT

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 194^th 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. It appears that an order designating issues may have been signed in this cause on February 6, 2009. The mandamus record is unclear, however, if that order was timely entered.

             In these circumstances, additional facts are needed. The respondent, the District Clerk of Dallas 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 (Tex. Crim. App. 1992); by stating that the nature of the claims asserted in the application filed by Relator is such that the claims are not cognizable under Tex. Code Crim. Proc. art. 11.07, § 3; or stating that Relator has not filed an application for habeas corpus in Dallas County. This application for leave to file a writ of mandamus shall 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: October 14, 2009

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