':Louise Pearson Clerk eourt of Criminal Appeals of Texas P.O, Box 12308 Capitol stF.J.tion Austin;Texas 78711 (1-8-2015)

Fr: Gernorris Wayne Dixon #1037159 eonnally Unit fm 632 Kenedy,Texas 78119

To: Clerk Louise Pearson,

Please file my leave to file a writ of mandamus with ~ttach~6ne exhibit and motion to file less copies eith order attach. Thank you in this matter.

Sincerly Submitted

-rilzMoyA_,J~~ . RECEIVED IN COURT OF CRIMINAL APPEALS JAN 2 2 2015 Abel Acosta. Clerk Case No. Gernorris Dixon § In The Honorable Relator § C0•.1rt of Appeals § Austin,Texas

.tt~.!i.£>_~--t_~-~!.!.~J_e_~-~--_cE_~es__1?E~~-[ Honorable court of Austin Tex~s.

Comes now relator pro,se Gernorris Dixon who is a true torma papauris who is too poor to file the additional copies thats needed.

Prayer Relator prays that this motion to file less copies be granted

Certificate of Service On 1-8-2015 this motin was sent from the connally unit by mail.

· Sin::Lerl. Submi1e ., .l . / /? /,. .Jf..u#..~--- -·~/!: ____ _ . . 1/ 1..!2.0-2015 !

Case No. ·--···---.,-· Gernorris Dixon § In The Honorable Relator § Court of appeals § Austin,Texas

On this day of 2015 said motion was heard and is here by,

b Granted or ODenied

Presiding Justices Court of Criminal Appeals of Aus tinli •. Texas

Petitioner leave to file a writ of mandamus

Gernorris Waye Dixon vs The State of Texas Trial case No: 9951

Honorabl.e Judge Dan Mike Bird Trail Court Wilbarger 46th Judicial Wilbargei county 5 Texas

Pro Se Petitioner Address: _______t..:::_: ___· · · - - - - - - - - - - - - - - - · - - · · · - - · - ·

Gernorris W. Dixon #1037159 Connally Unit 899 fm 632 Kenecly 5 TX 78119 Table Of Contents Oral Argument 3 Table of Cases 4A Statement of the Case 4B Statement of facts 5 Issue P!-esented 6 Prayer 7 ·--·----·-- Certificate of Service 7 Exhibit 1 Attach -·-.g

Oral Argument

Or~l argument waived.

Table Of Cases

In Relong 984 S.W. 2d 623 (tex. 1999) 6

Arlington Memorial Hospital (• 6 Foundation In~. v. Barton S~W. 2d (Tex APP. Fort Worth 1997)

4A Statment of the case On July 27,2014 pitioner sent the district clerk Ms.Brenda Peterson of Wilbarger county Texas an ex parte motion which was recieved an ,filed July 30,2014. (Please see exhibit 1 attached.) The ex parte motion was addressed to the trail case W~lbarger 9951 in the 46th Judicial court of wilbarger county texas. In the Honorable Dan Mike Bird Judge of said court. The ex parte motion was addressed its content .. (A)Official Oppression. (B)Abuse of office. (C) Aggravated Perjury. (D) Criminal Conspiracy. (E)Ab~s~ of official capacity. It clearly shows that the Honorable Judge has abused its discretion on not ruling on the motion in a timely ~atter of (30) days. The court has jurisdiction to hear this petition under texas constitution ~rtical five section nine.

\ Statment of facts The facts clearl~ sh~w that with exhibit 1 that petitioner timely filed an ex parte motion on July 27,2014 an was filed by the district clerk on july 30,2014 and the Honorable judge in his mintrial duty has not made a r~ling in a timely motion which is an abuse of discretion. }:_s_s u_~_R"E.~-~~-n t -~~ the trial Judge abused its discretion for not ruleing on petitioner timely filed motion which is an mistrail duty to rule on a motion within the (30) day periond.

Standard

WRIT OF MANDAMUS In the case: Relong 984 S.W. 2d 623 (tex. 1999) Mandamus will issue only if a court~ has clearly abused its discretion and the aggrieved party has no adequate remedy by appeal.

Also see case: arlington Memorial Hospital Foundation INC. V Barton 952 S.W~ 2d 927 (Tex APPr Fort Worth 1997) With the·staement of the case and the statement of the facts with attached exhibit 1 clearly shows that petitioner filed or sent his ex parte motion to the district clerk of Wilbarger county and the judge has not made an mistrial duty to rule on a timely filed motion within (30) days which is an abused of discretion.

Petitioner prays for any relief deem just.

Certificat~:of:Sefvtc~

On the1Gth ~ay of January I semt this leave to file writ of mandamus to the clerk of court criminal appeals in Austin,Texas from the connally unit 899 fm 532 Kenedy,Texas by mail.

Exhibit 1 attache~:

(1) Letter showing the date the clerk recieved ex part~ letter on Nov. 24 2014. Inquiring about a motion that was filed in Wilbarger county court house on July 30,2014. And yet the motion has not been answered an its been 6 months.

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