May 17, 2015 Zack G Eldred Jr. TDCJ-ID No.l812ll7 Bill Clements Unit 9601 Spur 591 Amarillo, Texas 79107-9606
.

# ~lEC~~VlED**~N** Mr•.Abel Acosta,
..Clerk 

### COUP\1'OFCRIMINAL**AP~fALS** Court of Criminal Appeals of Texas P.Q.Box 12308, capital Station Austin, Texas 78711
NOTICE OF SERVICE RE; Applicants orginal writ of habeas corpus for out-of-time P.D.R filed 

### ln Bowie County Texas on February 

### 12, 2015.
Dear I'1r. Acosta: 

## MAY 

## 29

## 2015

Please find enclosed for presentation to the Court of Criminal Appeals. "t"'Y APPLICATION FOR WRIT OF Mii.NDAMAUS" to make the court respond to the \olrit of habeas corpus for a**out-of~time** P.D.R•.For which should have been acted on and forwarded to the Court of Criminal Appeals, But has not at this time. Enclosed is two copies of my.original "Mandamaus", Please file an stamp ' one and return it to me and present the other to the court. There is no copy service available in this Unit, so these are the only tw9 that I have, So would you please make any other copies needJ and serve the resp:mdent. Tbeir.addressarebelow, and thank you for your

Billy Fox District Clerk Bowie County Texas
.. 710 James Bowie Dr. New Boston, Texas 75570 

### \

# \

. attent1on '\ to this matter.CAUSE No. #llF0762-102

Zack G Eldred Jr TDCJ-ID No #1812117 RELATOR 

## vs. BOWIE COUNTY DIS'I'RICT CLERK BILLY FOX,IN HER OFFICIAL CAPCILY,RESPONDET. § §
§ In The 102 Judicial District COURT OF

Ba-llE COUNTY I TEXAS

PLAINTIFF'ORIGIANL APPLICA'I'ION FOR WRIT OF MANDAMUS TO THE HONORABLE JUDGE OF SAID COURT: Commes now, ZaCk G Eldred Jr , Relator, Pro se in the above styled and numbered cause of action and files this original application for v1rit of Mandamus,pursuant to ART.ll.07 SEC. 3(C)of the 'I'exas Code Of Criminal procedune,**a~d** would show the court the,following:

I Relator Is incarcerated in the Texas Department Of Criminal Judtice and is appearing Pro se, who can be located at the William P. Clements Unit 9601 Spur 591,**Ama~illo,** Texas 79107•

.Relator has exhausted his remedies and has no other adequate remedy a:t Law

The act sought to be compelled is ministerial, Not disretionary r:emedy at Law The act sought to be compelled is ministerial, not discretionary in nature. T.c.c.P Art 11.07, SEc. 3 (c) requyres respondent to immediately Transmit to the court of Court Of Criminal Appeals application for WRIT of Habeas Corpus For out-Of7Time.P.D.R, Any answers filed,and certiication reciting the Date upon which that finding was made,the application 1for Writ Of Habeas Corpus for OUt-Of-Time P.D.R and answers Filed,and a certicate reciting the date upon .which that
..finding was made have been : transmitted to the Court Of Criminal Apeals. Had such documents been Transmitted to te court_QfCriminal Apeals. by Respondebts as required by Statute,Relator would have received notice from the Court Of Criminal Appeals.

II

I Respondent. Respondent. Billy Fox,in her Officail capacity as District Clerk Of BOwie County,Texas has a ministerial duity to recive and File all papers in a criminal proceeding,and perform alother
..:duitys:imposed£ on the clerk by lae pursuant to T.c.c.P Art.2.21 and is responsible under T.c.c.P. Art. 11.07 Sec. 3 {c) to immediately transmit to the Court Of Criminal Appeals acopy of the application for Writ of Habeas Corpus F'or A-out-of-Time P.D.R, any·answres filed,and a certificate reciting the date upon which thqt findinng
was made if the**cou~t** decides that there are no issues to be resolved. Billy Fox, District clerk,County,Texas may be served at he.r place of
. business at 710 James Bowie Dr. New Boston.Texas 75570

III Violation of Aritcle 11.07 Of The Texas Code Of Criminal Procedure. The respondent violated. Art.ll.07 'Sec, 3(c) of the Texas Code Of Criminal Procedure Failing To File Realor's application for Writ of Habeus Courpus fFor a Out-Of-Time P.D.R as Follows: In Febuary 2015, appicant mailed his Writ Of Hebeus Corpus For a outOf-Time P.D.R. {2)To Mrs Debra Autrey,Clerk,Sixth**Co~t** Of Appeals 100 North Stateline Avenue #20 Texarkana Texas 75501··Requesting her to file the Writ and forward to the Court Of Crirr1inal Appeals A copy. Insted of this,Mrs Autrey sent the applicants Writ Of Habeus Corpus to A**out~f-Time** P.D.R to the convicting court at Billy Fox Distric Clerk Bowie County Texas 710 James Bowie D4r. New Boston,Texas.75570. Respondent filed No dated time stamped copy and returned for offenders hete in T-D-C.J Requesting Assitance and their responce was that they contacted Bowie County District Clerk Office on March 29 2015 and it appears the Writ of Habeus has beeen filed and is currently pending review. It has beeen over 45 days and , , appilicant has not recieved any responce from Respontent. As stated , to date it is ocer 90 days since applicant filed his**~vrit** Of Habeas Corpus for Out-Of-Time P-D-R and has not received a file stamped copy or A response from the District Clerks Office asof May 17 2015. Relator has gone well beyond any requirements Or obligation imposed upon him by the T.c.c.P. In contrast to reatord efforts,Respondent has wholly failed to comply 

## and forward a copy of Appiicants Writ of Habeas Corpus for a Out-Of-TimeP.D.R- with the T.c.c.P Art, 11.07 Sec.3(c)l i acting in bad faith to afford Realor to professional and common curtesy of any written responses to his corre.spendences or request or that or/and requiry.Please s.?e exhibet attecheJ (exhibit A )

(3)IV PRAYER .!?OR RELIEF Wherefore,PREMISES CONSIDERED, RELATOR, Zack G Eldred Jr.Pro se, respectfully requests this Court to issue a Writ Of Mandamus directivy the Bowie County District Clerks office to Relatortor request as to the status of his Writ Of Habeas Corpuse For out-of-Time**P-D~R** and/or whatever this Court feels is appropriate.
Respeclfully Submitted

Relator Inmate's Declaration I, ZACK G ELDRED JR., TDCJ No. #1812117, RElator, ProSe, being persently incarecerated in the Texas Department Of Criminal Justice, stated 

### in the above origianl appication for Writ Of**Mandru~us** are 1rue and correct Signed on This 

## I**~** day ----'---"='----- Of 

# N-IT'2015

## liJ'hlbe"l lA)**~tate** 

## <!Counsel for ®ffenber.s I!!Wibision ofm:cxas'WcP<ll1mcntof<!Criminalj/ns'ticc


### April 7, 2015 · ZackEldredJr. #

### 1812117 ClementsUnit BC/037 DearMr.

### Eldred: P.O. Box4005 Huntsville,TX 77342-4005 (936)437-5203



### UponreceivingyourletterdatedMarch29, 2015, whereinyouarerequesting assistancefrom ourofficeregardingthewritofhabeasyoufiledwiththecourt. AfterspeakingwiththedistrictclerkatBowieCounty, itappearsyourwritof habeashasbeenfiled andiscurrentlypendingreview.
Thankyou,

# &oa1YL.~ LisaM. Moss LegaiAssistantII AppellateSection StateCounselfor OffendersMay 

### 17, 2015

Mr._Abel.
..Acosta,
__Clerk Zack G Eldred Jr.**TDCJ~ID** No.l812ll7 Bill Clements Unit 960l.Spur 591 Amarillo, Texas 79107-9606

Court of Criminal Appeals of Texas P.O.Box 12308, Capital Station Austin, Texas 78711

· NOriCE OF SERVICE RE: Applicants orginal writ of habeas corpus for out-of-time P.D.R filed in Bowie County Texas on February 12, 2015.
Dear Mr. Acosta: Please find enclosed for presentation to the Court of Criminal Appeals.**~'-t'tY** APPLICATION FOR WRIT OF Mii.NDAMAUS" to make the court respond to the \-Trit of habeas corpus for a**out-of~time** P-D-R.,.For which should have been acted on and forwarded to the Court of Criminal Appeals, But has not at this time. Enclosed is two cop.i.'es·of my original "Mandamaus**~·,** Please file an stamp one and return it to me and present the other to the court. There is no copy service available in this Unit, so these are the only twg that I have, So would you please make any other copies neede and serve the resp:mdent. Theircoaddress:_are-_below, and thari_k you for your attention to this matter.

Billy Fox District Clerk Bowie County Texas._ 710 James 

### Bowie Dr. New Boston, Texas 75570**Sin~erely,**CAUSE**~o.** fllF076?-102

Zack G Eldred Jr TDCJ-ID No #1812117 RELATOR 

## vs. BOWIE COUNTY DIS'I'RICT CLERK BILLY FOX,IN 

### HER OFFICIAL CAPCILY,RESPONDET. § §
§ In The 102 Judicial District COUR'l' OF

130\"liE COUNTY I TEXAS

PLAINTIFF'ORIGIANL APPLICA'I'ION FOR WRIT OF MANDAMUS TO THE HONORABLE JUDGE OF SAID COURT: Commes now, Zack G Eldred Jr , Relator, Pro se in the above styled and numbered cause of action and files this original application for writ of Mandamus,pursuant to ART.ll.07 SEC. 3(C)of the Texas Code Of Criminal procedune, an.d would show the court the following:

I Relator Is incarcerated in the Texas Department Of Criminal Judtice and is appearing Pro se, who can be located at.the William p. Clements Unit 9601, Spur 591,**Ama~illo,** Texas 79107. ;Relator has exhausted his remedies and has no other adequate remedy at Law**~1e** act sought to be compelled is ministerial, Not disretionary remedy at Law The act sought to be compelled is ministerial, not discretionary in nature. T.c.c.P Art 11.07, SEc. 3 {c) requyres respondent to immediately Ttansmit to the court of Court Of Criminal Appeals application for WRIT of Habeas Corpus For OUt-Of-;:-Time P.D.R, Any answers filed,and certiication reciting the Date upon which that finding was made,the application 1for Writ Of Habeas Corpus for out-Of-Time P.D.R and answers Filed,and a certicate reciting the date upon..which that fir..ding was made have been : transmitted to the Court Of Criminal Apeals. Had such documents been Transmitted to te CourLOf. Criminal Apeals. by Respondebts as required by Statute,Relator would have received notice from the court Of Criminal Appeals.

II Respondent. Respondent. Billy Fox,in her Officail capacity as District Clerk Of BOwie County,Texas has a ministerial duity to recive and File all papers in a criminal proceeding,and perform alother.duitys:irnpbsedf on the clerk by lae pursuant to T.c.c.P Art.2.21 and is responsible under T.c.c.P. Art. 11.07 Sec. 3 (c) to immediately transmit to the court Of Criminal Appeals acopy of the application for Writ of Habeas Corpus For A-Gut-of-Time P.D.R, any answres filed,and a certificate reciting the date upon which thqt findinng
was made if the**Cou~t** decides that there are no issues to be resolved. Billy Fox, District clerk1County,Texas may be served at he r place of business at 710 James Bowie Dr. New Boston.Texas 75570

III Violation of Aritcle ·11.07 Of The Texas Code Of Criminal Procedure. ) The respondent violated Art.ll.07 Sec, 3(c) of the Texas Code Of Criminal Procedure Failing To File Realer's application for Writ of Habeus Courpus fFor a OUt-Of-Time P.D.R as Follows: In Febuary 2015, appicant mailed his Writ Of Hebeus C9rpus For a OutOf-Time P.D.R. (2)To Mrs Debra Autrey,Clerk,Sixthc Court Of Appeals 100 North Stateline Avenue #20 Texarkana Texas 75501 Requesting her to file the Writ and forward to the Court Of Criminal Appeals A**copy~** Insted of this,Mrs Autrey sent the applicants Writ Of Habeus Corpus to A Out-Of-Time P.D.R to the convicting court at Billy Fox Distric Clerk Bowie County Texas 710 James Bowie D4r. New Boston,Texas 75570. Respondent filed No dated time stamped copy and returned for offenders hete in T.D.C.J Requesting Assitance and-their responce was that they contacted BowieCounty District Clerk Office on March 29 2015 and it appears the Writ of Habeus has beeen filed and is currently pending review. It has beeen over 45 days and , appilicant has not recieved any responce from Respontent. As stated , to date it is ocer 90 days since applicant filed his Writ Of Habeas Corpus for Out-Of-Time P.D.R and has not received a file stamped copy or A respo11se from the District Clerks Office asof May 17 2015. Relid:or has gone well beyond any requirements Or obligation imposed upon him by the T.c.c.P. In contrast to reatord efforts,Respondent has wholly failed to comply and forward a copy of Applicants Writ of Habeas Corpus for a Out-Of-TimeP.D.R. with the**T~-c.c.P** Art, 11.07 Sec.3(c), i acting in bad faith to afford Realor to professional and common curtesy of any written responses to his correspendences or request or that or/and requiry.Please**s~e** exhibet atteched (exhibit A )

{3)IV PRAYER
.!?OR RELIEF Wherefore,PREMISES CONSIDERED, RELATOR, Zack G Eldred Jr.Pro se, respectfully requests this Court to issue a Writ Of Mandamus directivy the Bowie County District Clerks office to Relatortor request as to the status of his Writ



# . Of Habeas Corpuse For Out-of-Time**P.D~R** and/or whatever this Court feels is appropriate.
Respeclfully Submitt

Inmate's Declaratio 

### r, ZACK G ELDRED JR., TDCJ No. #1812117, RElator, ProSe, being persently incarecerated in the Texas Department Of Criminal Justice, .stated in the above origianl appication for Writ Of**Mandru~us** are 1rue and correct Signed on This ) 

## ? day 

### --'------ Of

# /J/;Y 2015

### ~tate 

## QCoun.sel for (!&ffenber.s 111IDiuision ofm:exasIDeP<utmrntofI!Lrimina!j/nstire


### April 7, 2015 ZackEldredJr.#1812117 ClementsUnit BC/037 DearMr.

### Eldred: P.O. Box4005 Huntsville, TX 77342-4005 (936)437-5203



### UponreceivingyourletterdatedMarch29, 2015,whereinyouarerequesting assistancefrom ourofficeregardingthewritofhabeasyoufiledwiththe·court. Afterspeakingwiththe4istrictclerkatBowieCounty,itappearsyourwritof habeashasbeenfiled andis currentlypendingreview.
Thankyou,

# &rniYl.~ LisaM.Moss LegaiAssistantII Appellate Section StateCounselfor Offenders