Court of Criminal Appeals PO Box 12308 Austin, Texas 78711-2308
RE: APPLICATION FORWRI'l' OF MANDAMUS EX PARTE JOSE RAUL GRANADOS T/C NO. 12-09-02-8-CRA WRIT NO. TBA
Dear Court Clerk, September 1, 2015 

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Please find enclosed my Application forWrit of [v'landarnus tobe filed and presented to the Honorable Court in the above styled cause for consideration and ruling. Please note on this date, a true and correct copy has been served upon the Atascosa County District Clerk, the Respondent in this matter. I would request tobe notified of any decision or Order issuedby the Court,' in this matter please. Thank you for your time and assistance in thismatter, it is greatly appreciated andwelcomed. I await the Court's action in thismatter.

enclosure(s): 1 (3pgs)

cc: file Atascosa County District Clerk Sincerely,

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Jo e Raul Granados Relator Pro Se TDCJ-ID # 1876161 SmithUnit 1313 CR 19 Lamesa, Texas 79331 

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EX PARTE
JOSE RAUL GRANADOS IN THE COURT OF CRIMINAL APPEALS OF TEXAS § § § 

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APPLICATION FOR WRIT OF. MANDAMUS
TO. THE HONORABLE COURT OF CRIMINAL APPEALS:
COi"iES .NOW, Jose Raul Granados, Relator Pro Se, in the above styled cause, and respectfully files and submits this his Applicatio for Writ of Mandamus, pursuant to Texas Rules of Appellate Procedure, and would show the following in support of issuance of mandamus. I. A.

. RELA'IOR JoseRaul Granados, TDCJ-ID # 1876161, is an offender incarcerated in the Texas Department of CriminalJustice and is appearing pro se, who can be located at Smith Unit, 1313 CR 19, Lamesa, Dawson County, Texas 79331. Relator has exhausted his remedies and has no other:· adequate remedy at law. The act sought isministerial, not discretionary in nature. The Texas Code of Criminal Procedure, Article 11.07§3(c) requires Respondent to immediately transmit to the Court of Criminal Appeals a copy of the application for writ of habeas corpus, any
.answers tHed, and a certificatereciting the date upon which that finding was made, 1.f the convicting court decides that there areno issues to be resolved. TexasRules of AppellateProcedure 73, provides further:· that if the court has found unresolved issues within the 20 days to act under Article 11.07, a copy of said Order Designating Issues is to bemailed to the Court of Criminal Appeals and Applicant. The court would havel45 days:to resolve the designated issuesbefore the District Clerk is to immediately forward the entire habeas record to the Court of Criminal Appeals. To date, there has been no copy of an Order designating issues, whd!ch is past t.he statutory limitation period for such finding. Nor has a copy of the habeas reocrdbeen transmitted to the Court of Criminal Appeals at the conclusion of the 35-day period, since the court has not designated any issues tobe resolved. Had such documents been transmitted to the Court ofCriminal Appealsby Respondent as required by statute, Relator would have recieved notice from the Court of Criminal Appeals.
B. RE$PONDENTRelator Margaret Littletoni in her capacity as the District Clerk of Atascosa Conty, 'i'exas has a ministerial duty to.receive and fi:).e all.papers in a criminal proceeding, and performall other duties imposed on the clerkby-law pursuant to Tex. 

### c.Crim.Proc.Art.·2.21, and is responsible under Article ll-07§3(c) and Tex.R.App. Proc. 73 to immediately transmit to the Court of Criminal Appeals a copy of the habeas record ·when the convicting court decides if there are or are not any issues to be I resolved. Margaret Littleton, District Clerk, Atascosa County.maybe served at her place of business at l Courthouse Circle Drive, Ste 4-B, Jourdonton, Texas 78026.

III. C. VIOLATIONS OF ARTICLE 11.07 O:E' TEX.C.CRIM.PROC. AND TEX.R.APP.PROC. 73 The Respondent violated**Art~cle** 11.07§3(c) of theTexasCode of Criminal Procedure by failing toprovide a copy of the habeas record to the Court ot Criminal Appeals within the time prescribedby law and within a reasonable time from the date on which the documentswere requested. Article ll.07§3(c) provides that immediately after the 35-day limitation fJeriod expires and the habeas court has not designated any issues to be resolved, theRespondent is to forward the habeas record to the Court of Criminal ·Appeals. TexasRules of Appellate Procedure 73 requires that if thehabeas court has designated issues tobe resolved the Respondent isto immedia,tely transmit a copy of the Order Designating Issues to the Court of Criminal Appeals and Relator. The Respondent has failed to comply with Rule**73~** The Relator has requested the Respondent to transmit the habeas file to the Court of Criminal Appeals, but to date has failed to do such. Nor has the Relator forwarded any Order to the Court of Criminal Appeals or the Relator. The Relator has repeatedly put Respondent on notice that Relatorseeks the transmittal of habeas record to the Court of Criminal Appeals and that such records are requiredby the Court of Criminal.Apepals to act on Relator1s writ of habeas corpus. Relator has gone well beyond any requirements or obligations imposed uponhimby •rexas Statutes. ln contrast toRelator 1s efforts, Respondent has wholly failed to comply with the Texas Code of Criminal Procedure and Texas Rules of Appellate Procedure, is acting inbad faith, and has also failed to afford Relator the professional·and common co'-:'-rtesy of any written response to his requests.**~he** Statutes are clear. _The Respondent is inviolation of this procedure, ministerial duties, and thus the laws of this State.IV PRAYER FORRELIEF WHEREFORE, PREMISES**CONSIDERED~**Relator JoseRaul Granados, pro se, respectfully request a finding that the Respondent did_ not transmit documents to the Court of Criminal Appeals within a reasonable time after the.date they were statutorily required and requested tobe transmitted; that Relator.brought this litigation in good faith and has substantially prevailed. Relator prays for an Order directing the Respondent to transmit copy of habeas record to the Court ofCriminal Appeals as directed by Article 11.07§3(c) andRule 73, in·the interest of justice. Respectfully Submitted DATED: September 2, 2015 

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# DvY--f.~Ct-1-lf;**J~~e** Raul Granados

. . Relator Pro Se TDCJ-ID:!f l876i6l SmithUnit 1313 CR 19 Lamesa, Texas 79331

I, Jose Raul Granados, declare under penalty of perjury, that**t~e** foregoing true and correct, and further, certify that a true and correct copywas served upon Margaret Littleton, Atascosa County District Clerk, l Courthouse**CircleDr~,** Suite4-B, Jourdanton, Texas 78026, by placing·in the Smith Unit/TDCJ·PrisonLegal Mail System

on this the 2nd day of September, 2015.

# ~J~:-11:: Relator Pro Se TDCJ-Id :If 1876161