NO. WR-71,357-03

TOMMIE MELVIN BANKS, Relator

v.

177^TH JUDICIAL DISTRICT COURT, Respondent

Relator has filed a motion for leave to file an application for 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 177^th Judicial District Court of Harris County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court. Relator contends that the trial court entered an order designating issues on March 17, 2008.

Respondent, the Judge of the 177^th Judicial District Court of Harris County, shall file a response with this Court by having the District Clerk submit the record on such habeas corpus application. In the alternative, the trial court may resolve the issues set out in its order and then have the District Clerk submit the record on such application. In either case, the trial court's response shall be submitted within 30 days of the date of this order. This application for leave to file a writ of mandamus will be held in abeyance until Respondent has submitted its response.

Filed: March 7, 2012

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