Cause No. 1374263-A 

Miguel Martinez In the 184th District Court 

· Relator Pro-Se, 

v. 

Chris Daniel, District Clerk, 

Respondent. 

of 

RECE~VED n'J 

COURT OF CRIMINKL APPEf\!..S 

APR 09 2015 

Ab~l Acosta, Clerk 

Harris County, Texas 

Application for Writ of Mandamus 

TO THE HONORABLE JUDGE OF SAID COURT: 

COMES NOW, MIGUEL MARTINEZ, TDCJ-ID #1856331, Relator Pro-Se 

in the above styled numbered cause of action and files this original Application for Writ of Mandamus pursuant to Article 11.07 

of the Code of Criminal Procedure and Rules would respectfully show 

this Honorable Court the following:-

I. 

Relator 

Miguel Martinez, TDCJ-ID #1856331 is an offender incarcerated 

in the Texas Department of Criminal Justice and is appearing Pro-Se 

who can be located at the James A. Lynaugh Unit, 1098~ South Hwy 

2037~ Pecos County, Fort Stockton, Tx 79735. Relator has exhausted 

his remedies and has no other remedy".at ·tlaw. The act sought to be 

compelled is ministerial. Not Discretionary in nature requires Res-. 

pondent to immediately transmit to the Court of Criminal Appeals a 

copy of the States designation of issues, Applicant Writ of. Habeas 

Gorpus Art. 11.07, copy of Attorneys Affidavit, and all Memorandums 

in support of Application, for Post Conviction Writ of Habeas Corpus 

APPLICATION FOR WRIT OF MANDAMUS Page 1 
Art 11.07 Tex. Code. Crim. Proc. Had such documents been transmitted 

to the Court of Criminal Appeals, having in there possession sent 

from the Relator to Respondent as required by statue Relator would 

have received Notice from the Court of Criminal Appeals, having in 

there possession sent from the Relator to respondent as concerning 

Cause No. 1374263-A.a. 

II. 

Respondents 

Respondent Chris Daniel in his capacity District Clerk of the 

Harris County, 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 Article 11.07 and Rules 296 and 297 

of the Rules of Civil Procedure to immediately transmit to the Court 

of Criminal Appeals a copy of the Application for Writ of Habeas Corpus and Memorandums, finds of the facts, any answer filed and a certified reciting of the date upon which that finding W8S made if convicting Court decides that there are issues to be resolved Chris 

Daniel District Clerk Harris County may be served at his place of 

Business, P.O.Box 4651, Houston, Texas 77210-4651. 

III. 

Violation of Article 11.07 of the Code of Criminal 

Procedure and Rules 296 and 297 of Civil Procedure 

Reipondents violated the Texas Code of Criminal Procedure Art. 

11.07 and the Rules of Civil Procedure, Rule 296 and 297 by failing 

to provide a copy of the Application for Writ of Habeas Corpus upon . . . . . -· 

which that findings and States proposed Order Designating Issues 

and for filing Affidavit was made to the Court of Criminal Appeals 

within the prescribed time by law. And within a reasonable time from 

APPLICATION FOR WRIT OF MANDAMUS Page 2 
.. ~ 

date on which documents were filed on August 18, 2014 to be thereinafter transmitted. Requests for Writ of Habeas Corpus, any answer 

titled, to Chris Daniel District Clerk Harris County by certified 

mail dated August 15, 2014 pursuant to Article 11.07 of the Code of 

Criminal Procedure to date. Relator response of request for transmitting of a copy of the Application for Writ of Habeas Corpus filed, 

and a certificate reciting the date upon which finding was made to 

the Court of Criminal Appeals. 

As if is clear from Relator previous request, Relator has repeatedly put Respondent on Notice that Relator seek the transmittal 

of a copy of the Application for Writ of Habeas Corpus. Relator has 

gone well beyond any requirement of obligation imposed upon him by 

the Texas Code of criminal Procedure Art. 11.07 are acting in bad 

faith, and failed to afford Relator the professional~and common courtesy of any written response. as to the disposition of his Application 

per his request. 

IV. 

Prayer for Relief 

Wherefore, Premises Considered, RP.lator, Respectfully requests 

a Application for Writ of Habeas Corpus Respondents have not transmit documents to the Court of Criminal Appeals within the timeline 

prescribed by the Texas Code of Criminal Procedure Articles 11.07 

and Rules of Civil Procedure, Rule 296 and 297 and that Relator 

brought this litigation in good faith and has substantially prevailed through course of law; 

SO PRAYED on this the ~q~-- day of April, 2015. 

Respectfully Submitted, 

APPLICATION FOR WRIT OF MANDAMUS X Mi~&r~ar~TieZ:#1856331 1: ~~{:; Re ator Pro-Se 

Page 3 
Verification 

I, Miguel Martinez, TDCJ-ID #1856331, being presently incarcerated at the James A. Lynaugh Unit of TDCJ-ID, declare under 

the penalty of perjury that the foregoing facts are true and correct. 

Respectfully Submitted, 

X ?brJ k{,,L M1g e rt1nez 

TDCJ-~. 1856331 

James A. Lynaugh Unit 

1098, South Hwy 2037 

Ft. Stockton, Tx 79735 

Certificate of Service 

I certify that ·a true and correct copy of the above application 

for Writ of Mandamus was sent to the District Clerk of Court of 

Criminal Appeals by placing the same in the U.S. Mail postage prepaid on this the _'}_ day of April, 2015, addressed to: 

Abel Acosta 

Clerk of the Court 

Court of Criminal Appeals 

P . 0 . Box 12308 

Capital Station 

Austin, Tx 78711 

APPLICATION FOR WRIT OF MANDAMUS 

Respectfully Submitted, 

Mlge1Mart1ez 

TDCJ-ID No. 1856331 

James A. Lynaugh Unit 

1098, South Hwy 2037 

Fort Stockton, Tx 79735 

Page 4 
' ' " .:, 

UNSWORN DECLARATION 

Being presently incarcerated in the i>(t-lVNt-. 1./ 

Department of Cfim!nallustice, in P e.-CO'? 

Unit of the Texas 

• County~ Texas 

Declare under penalty of perjury that I am the applicant in the above and foregoing 

MotioiL I have read said motion and the factual allegations of the same are true and 

Correct. 

Executed on this :t , day of Af ~ l r. ,20Q. 

~ ;(._ K · , Movut, ProSe