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·-· COURT OF CRIMINA!. APPEALS 

P.O. BOX 12308 

AUSTIN,TEXAS 78711 

Dear Cl!erk, 

JAMES BSTRANDER #1675595. 

HUGHES UNIT 

RT 2, BQ~ 4400 . 

GATESVILLE,TEXAS 76597 

April 29, 2015 

- ~ 

Enclosed is the PLAINTIFF'S ORIGINAl. APPLICATION FOR t-1RIT OF MANDAMUS ( 

'-

to be filed. Please assign a cause nu'mber, and stamp file copy of this 

. . -~ cover letter and return to me in th~ self-addressed stamped envelo~e 

that I.'ve provided. 

• • ·, j: .--

5fti~Rtt( Thank you for your attention in this matter. 

Sincerely, 

.. --

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RECENED\N 

tOUR1' Of CR\M\NAL APPEALS 

APR 2 91 ?.0\5 

Abe\ Acosta, C\erk 

... _1 
JAMES OSTRANDER 

TDCJ-ID# 1675595, 

Relator 

vs. 

§ 

§ 

§ 

§, 

§ 

WANDA PRINGLE, COUNTY DISTRICT CLERK: § 

IN HER OFFICIAL CAPACITY, § 

Respondent § 

fN TH8IN66Tn!L IUDii:CIA'· 

THE 

IF~:;TBJ CT Comn ®F 

COURT OF CRIMINAl APPEALS 

A. PLAINTIFF'S ORIGINAL APPLICATION FOR WRIT OF MANDAMUS 

TO THE HONORABLE JUDGE OF SAID COURT": 

COMES NOW, James Ostrander; TDCJ-ID# 1675595, Relator, pro se in the abovestyled and numbered cause of action and tiles this Original Application 

For Writ of Mandamus, pursuant to krticle 11.07 Section 3~c) of the Texas 

Code of Criminal Procedure, and would show the court the following: ' ..... 

B. RELATOR I. 

1.01 James Ostrander, is a prisoner incarcerated in the Texas Department 

of Criminal Justice and is appearing pro se, who can be located at the: 

Hughes Unit 

Rt. 2, Box 4400 

Gatesville,Texas 76597 

1.02 Relator has exhausted his remedies and has not other adequate rem~dy 

at law. 

1.03 The act sought to be compelled is ministerial, not discretionary in 

nature. TCCP Art. 11.07 Section 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 filed, and a certificate reciting the 

date upon which that finding was made; ~f the convicting court decides that 

there are no issues to be resolved. No copy of the application for Writ 

of habeas corpus, any answers filed, and a certificate reciting the date 

1, 

... 

. :··. 
"/ 

upon which that finding was made have been transmitted to the Court of Crininal 

Appeals. Had such documents been transmitted to the Court of Criminal Appeals 

by Respondent as required by statue, Relator would have received notice 

from ·the· Courtnof Criminal App~als.hv I'"•sn•;rv:l_·,~r:t '.S r.enuh:!!•d rv ~tat~lf·ro, 

II. 

C. RESPONDENT 

. -· 

2.01 Respondent, Wanda Pringle, in h~r capacity as District Clerk of Earth 

Coonty, Texas has a ministerial duty to receive and file all papers in 

a criminal proceeding, and perform all other duties imposed on the clerk 

by law pursuant to TCCP Art. 2.21, and is responsible under TCCP 11.07 

~ Sec. 3(c) to immediately transmit to the Court of Crimi.nal Appeals 

a copy of the application for writ of habeas corpus, and answers filed, 

and a certificate reciti.ng the date upon lAThich that finding was made if 

·the convicting cou~t decides that'the~~ are no issues to be resolved. 

Wanda Pringle, District Clerk, of Earth County may be served at her place 

of business at P.O. Box 1427, Stephenville,Texas 76401. 

III. 

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D. VIOLATION OF ARTICEE 11; 07 6F THE TEXAS CODE OF CRIMIIIAL PROCEDURE 

3. 01 The Respondent violated Art. ll. 07 Sec. 3 (c) of the Texas Code of 

Crimin~l Procedure by failing to provide a copy of the application for 

writ of habeas corpus, any answers filed, and a certificate reciting the 

date upon which that finding was made to the Court of Criminal Appeals 

within the time prescribe~ by law and within a reasonable time from the 

date on which the documents were requested to be transmi.tted. 

3.02 Request for the transmittal of the application lfior Hri.t of habeas 

corpus was ma~e by Relator to Wanda Pringle, Di.strict Clerk of Earth County 

2. 
and Respondent has refused to stamp file the date of the copy that Relator 

has sent her, and Respondent kept the self-addressed-stamped envelope. 

A true e~nd correct copy of the ~ tKJHfli!fR above letter is attached hereto 

. . 

as Exhibit-A and is incorporated by reference herein for all purposes. 

3.03 To date, Relator has received no response from Respondent regarding 

Relator's request for transmittal of a copy of the application for writ 

of habeas corpus, an:f. answers filed, and a certificate reciting·the date 

upon which that findi.ng was made to the Court of Criminal Appeals·~ 

3.04 Relator has repeatedly put Respondent on notice that Relator seeks 

the transmittal of a copy of the application for writ of habeas corpus, 

any ans~vers filed, and J:Rfft a certif:i.c3te reciting the date upon which 

that finding was made to the Court of Criminal Appeals. In contrast to 

Relator's efforts, Respondent has wholly failed to comply If* with the 

Texas Code of Criminal Procedure, Art. 11.07 Sec. 3(c), is acting in bad 

faith, and has also failed to afford Rela.tor the professional and common 

courtesy of any written responses to his correspondence and requests. 

3.05 Article 11.07 Sec. 3(c) clearly states that "[i!f the convicting 

court decides that there are no such issues, ~he clerk shall immediately 

transmit [emphasis added] to the Court of Cri.minal Appeals a copy of the 

appication, any answers filed, and a certificate reciting the date upon 

which that finding was made. FDilute b6 the court to act within the allowed 

20 days shall consti.tute such a finding." 'I'~HCM«K Texas Code of Criminal 

Procedure .XI;J;!!~H Article lL 07 Sec. 3(c). Respondent is in violatiory.-

of this procedure, ministerial duties, and thus the laws of this state. 

3. 
IV. 

E. PRAYER FOR RELIEF 

B t.JHEREFORE, PREMISES CONSIDERED, Relator, James Ostrander, pro se, respectfully requests a finding that the Respondent did not transmit documents 

to the Court of Criminal Appeals within a reasonable time after. the date 

they were requested and that Relator brought this litigation in good faith 

and has substantialfy prevailed. Relator prays for an Order directing 

Respondent to transmit copy of the application 15or writ of habeas corpus, 

any answers fi.led, and a certificate reciting the date upon which that 

finding_ was made to the Court of Criminaol Appeals as directed in Art. 11.07 

Sec. 3(c) of the Texas Code of Criminal Procedure and as requested i.n 

Relator's letter (Exhibit-A). 

I 

- UNSWORN DECLARATION 

I, James Ostrander, TDCJ# 1675595, bei~g prese~tly incarcerated in the 

Hughes Unit of the Texas Department of Criminal Justi.ce in Coryell County, 

Texas verify and declare under the p(;!nalty of perjury that the foregoing 

IHRWMMWKI statements and Exhibit-A are true and correct. Executed en this 

the 29th day of April, 2015. 

4. 

~-ostrander~167ss9s ________ _ 

Hughes Unit 

Rt 2, Box 4400 

Gatesville,Texas 76597 

(254) 865-6663 
JAMES OSTRANDER 

TDCJ-ID# 1675595, 

., , Relator 

vs. 

Cause No. 

§ 

§ 

§ 

§ 

§ 

- § 

HANDA PRINGLE, COlTh"TY _DISTRICT § 

CLERK: IN HER OFFICIAL CAPACITY,§ 

Respondent § 

----------------- IN 

THE 

- COURT OF CRIMINAt A l''P'E.~T.S 

AUSTIN, TEXAS 

ORDER 

.. ' , 

On this day, came on to be heard the fcregoing lUiR'!H~lU{ Plalntiff' s 

Original Appl:i.cation for> W~i t of Mand~mu~ and i_t appears .to the Court that 

the same should be: 

GRANTED 

IT IS THEREFORE ORDERED THAT the District Clerk shall immediately etl 1111it 

transmit to the Court of Criminal Appeals a copy of the application for 

writ of habeas corpus, any answers filed, and a certifi.cat<;! reciting tlie 

date upon which that transm:i.ttal was ma.de. 

SIGNED on this the_. __ day of ______________ ,, 20 

PRESIDING-JUDGE -----
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pgUEST LETTER TO, FOltWARD · . 

~ITITIONEPS RABIAS'JCORPUS 

;1 ), 

jAMES OSTRANDER #1675595 

HUGHES UNU' 

RT 2, BOX 4400 

GATBSVtttB,TRKAS 76597 

MARCH 20, 2015 

' ;I 

Tnta Request is in resfiw<iine to !Jt ear~e James Osne.ndu'l'p muhGi Clt 

.. ·. . . . . . . 'i . . :. i ' ·l i 

. lli,9!:Aa .,in the_ Z66th "'!-4!;.~.!. Dletr._~c t).,f9uet of Earth Countl.&,Tfta!J~ 

. . • ·• ' • • • ; ! 

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' 

· , li £4-r:a. ~Bil~a, on 11/7 /ll, t!Nao~adl ca:t])u,~ wae filed uader t"be cbcv~a etyted ' . I ·,, t· I and numbered cause. The ·.wrtt was dnted,l but 1 t fiOB ne,e'l' fo?ward to · - : -~: :. . ·. ; . ,'! ' !. ' 

'tne Ceurt of Criminal <AP.~eals. So r aim /~aking aate request _to you. Please 

'''1'' ~,,~~~~·1,;~'\e,,..r~• ~o J:~;;~~,·:~i: tl~Hl ~pe• to puroimlt to TCCP 11.07 

· Section 3(c). :t · ' . . ;i .· · ·• · ., · -~ ·· . ,\ 

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~rtbeTt~Jcre, .:enclosed ts a s-..,ef· ~~~h reque9t tetter. PleatJa stamp •' I ; . ' ·.·. . lh . fite~,copy tlletncU.cate ft•adate you n:ceived and fUed this latter under 

tbei~bove eiiJ'1~ ~ . n~,~~4 ~~¥~~ .. ~~~, a too inclildtaa a self-addressee!• 

saamped_ ew·i~~e i~r. tbe. ~r~'tu~- of ·-tl\~ stamp f.Ued copy. . , . ,.. } , ~ ~-- . ;~\Ill 

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Tha~'k you to~· tcn.ar concan· tn · tbte m&.t.ter. . . ~:~ , . . . "';n . , ::' ·f Stnc~rely yout-s, ,r •'j:\1,1• 

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'."-, 
CERTIFICATE OF SERVICE 

I, James Ostrander, Relator, pro se, herein certify that I have mailed 

the foregoing Pl.Ail\TTIFF' S ORIGINAl. APPl.ICATTON FOR WRIT OF MANDAMUS 

by placing same, in a prison mail box, with first-class, pre-paid postage 

affixed thereon, on this 29th day of April, 2015, addressed to: 

The Court of Criminal Appea1s 

P.O. Box 12308 

Austin,Texas 78711 __ ... --·--··