In re Montgomery

COURT OF CRIMINAL APPEALS OF TEXASMay 16, 2018
NO. WR-87,936-01 (Tex. Crim. App. May. 16, 2018)

NO. WR-87,936-01

05-16-2018

IN RE LADONDRELL MONTGOMERY, Relator


ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 1328816-A IN THE 351ST DISTRICT COURT FROM HARRIS COUNTY

Per curiam. ORDER

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, Relator contends that he filed an application for a writ of habeas corpus in the 351st District Court of Harris County, but that the application has not yet been forwarded to this Court. On March 7, 2018, this Court held in abeyance and ordered the district clerk to respond as to why Relator's habeas application had not been forwarded to this Court.

On April 13, 2018, this Court received a response indicating that the District Court entered a timely order designating issues on January 20, 2017. However, more than 180 days have passed since the date the State received the application, and the application has not been timely forwarded to this Court as mandated by Texas Rule of Appellate Procedure 73.4(b)(5).

Respondent, the District Clerk of Harris County, is ordered to file a response, which may be made by submitting the record on such habeas corpus application. This application for leave to file a writ of mandamus shall be held in abeyance until Respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order. Filed: May 16, 2018
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