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' OF CRIMINAL 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 2 9 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 

1 
for 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'h lbe"l lA) 

~tate <!Counsel for ®ffenber.s 

I!! Wibision of m:cxas' WcP<ll1mcnt of <!Criminalj/ns'ticc 

April 7, 2015 · 

Zack Eldred Jr. # 1812117 

Clements Unit 

BC/037 

Dear Mr. Eldred: 

P.O. Box 4005 

Huntsville, TX 77342-4005 

(936) 437-5203 

Upon receiving your letter dated March 29, 2015, wherein you are requesting 

assistance from our office regarding the writ of habeas you filed with the court. 

After speaking with the district clerk at Bowie County, it appears your writ of 

habeas has been filed and is currently pending review. 

Thank you, 

&oa1YL.~ Lisa M. Moss 

Legai Assistant II 

Appellate Section 

State Counsel for Offenders 
May 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 

1 
for 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 

111 IDiuision of m:exas IDeP<utmrnt of I!Lrimina! j/nstire 

April 7, 2015 

Zack Eldred Jr. #1812117 

Clements Unit 

BC/037 

Dear Mr. Eldred: 

P.O. Box 4005 

Huntsville, TX 77342-4005 

(936) 437-5203 

Upon receiving your letter dated March 29, 2015, wherein you are requesting 

assistance from our office regarding the writ of habeas you filed with the· court. 

After speaking with the 4istrict clerk at Bowie County, it appears your writ of 

habeas has been filed and is currently pending review. 

Thank you, 

&rniYl.~ LisaM. Moss 

Legai Assistant II 

Appellate Section 

State Counsel for Offenders