### umentcontainsso!"e Mr. Abel Acosta, Clerk 

### \hiSdoc ,_,.ofpoorquaht\f Court of Criminal Appeals of

### ~t~atarv·maging. P.O. Box 12308, Capitol Statiat,rthe

### t1meof1 Austin, Texas 78711

# RECE~VED**~~~** RE: Submission of Writ of Mandamus 

### COURTOFCRlMINt'.L**liPP~.LS** Dear Clerk, 

## MAY06

## 2015
Enclosed please find my Original Application for writ

## ~~~~~~~~,,Cferk in Trial Court Number 1193809-C, in l84th.Judicial District Court of Harris County; Texas. If possible, I ask that a file stamped copy of this**appli~ation,** or a letter of positive acceptanc_e of the application be returned to me for my own perosonal records. Thank you in advance for your time, patience and effort in considering my most humble request.

Respectfully submitted,
Irvin R. Davis TDCJ-ID# 1653531 Geroge Beto Unit 1391 FM 3328 Tennessee Colony, Texas 75880EX PARTE IRVIN R. DAVIS, TDCJ-ID# 1653531, RelatorCause No. <N93809-C

§ § § § § COURT'_'OF::CRIMINAL.•.

..OE'TEXAS RELA'lm'S APPLICATION FOR WRIT OF MANDAMUS 'ID THE HONORABLE**JUIX;ES,~OF**..·THE COURT OF CRIMINAL APPEALS OF TEXAS: COMES NOW IRVIN R.DAVIS, how and henceforth named as the Relator in the above numbered and captioned cause, and Jiles this Application For Writ of Mandamus, an extroainary writ, seeking relief of violations of Article 11.07 of the Texas Code·of Criminal Procedure, and in support**the~eof** the Relator will show.the following: 

### :n:. RELATOR Irvin R. Davis, TDCJ-ID# 1653531, is an offender incarcerated in the Texas Department of Criminal Justice and is appearing pro se, who can be located at 1391 FM 3328, Tennessee Colony, Texas. Relator has exhausted his remedies and has no other adequate remedy at law. The act sought to be compelled is mfnisterial, 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 certificatereciting the date upon which that finding was made, ·if.the convicting court decides that there are no issues to be resolved. No copyof the appJ:icationfor writ of habeas corpus, any answeres filed, and a certificate reciting the date upon which that finding was made has been transmitted to the Court of Criminal Appeals. Had such documentsbeen transmitted to\the Court of Crimina-l Appeals by Responent
as required by statute, Relator.would hatve received notice from the Court of Criminal Appeals.

te.ge1of3Respondent,**Ch.ris:::Dafiiel>;~,::;in:h±.S~;capacd:ty.~;asl:District** Clerk of Harris County, Texas, has a ministerial duty to receive and file all papers in a criminal·proceeding1 and perform all other duties imposed on the cle.rkby law pursuant to TCCP Art. 2.21, and is responsible under TCCP 11.07 Sec. 3(c) to immediately transmit to the Court of Criminal Appeals a copy of the application for writ of habeas corpus, any answeres filed1 and a certificate reciting the date upon which that finding was made if the convicting.court decides that there are no issues to be resolved. Chris Daniel, District Clerk of Harris County, Texas, may be served at his place.··of business at P.0. Box 4651, Houston/ Texas 77210-4651. III- Violation of Article.11.07 of.tfie TEXAS CX>DE OF CRIMINAL PROCEDURE The Respondent violated Article 11.07 Section 3(c) of the Texas Code of Criminal Procedureby 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 Appealswithin the time prescribedby law. Relator has gone well beyond any requirement or obligation imposed upon himby the Texas Code of Criminal Procedure. Article 11.07 Section 3(c) clearly states that "[i]f the convicting court decides that thec-e are no such issues, the clerk shall immediately transmit to the Court of Criminal



# .. Appeals a copy of the application, any answers filed, and a certificatereciting the date upon which that finding was made. Failure b.TI the Court to act within the allowed 20 days shall constitute such a finding."**'IEXi~** CXDECRI:M. P. 1 art. 11.07fee. 3(c). Respondent is in violation of this·procedure/ ministerial duties, and thus the laws of tnisJstate.

Eaje2of3IV. PRAYER WHEREFORE PREMISES CONSIDERED, Relator prays that the Court will grant the relief sought in this application, by ordering the Respondent to immediately transmit its findings to the Court of Criminal Appeals, on the**face,;~of** the pleadings within this application.

INMATE DOCLARA.TION Respectfully submitted,

Irvin R.Davis TDCJ-ID# 1653531 George Beto Unit 1391 FM
.3328 ·' Tennessee Colony, Texas 75880 Pursuant to Title 6, Texas Civil Practice and Remedies Code §§**132.001~003.** 

### r, .,IRVIN**R:~.** DAVIS I TDCJ-ID# 

### 1653531 , being presently incarcerated at the George Beto Unit, in Anderson County, Texas, do.declare under penaity of perjury that I am the Relator in the foregoing Application for Writ of Mandamus, and all statements contained therein are true and correct. Singed on this the 

# 2: day of

# ~JV\---'---

# .......1\L--L-'{_..__
______ , 20 

# J5
.
-,

Pa;)e 3of3

### EX'PARTE IRVIN**R.DAVIS~** 

### TDCJ-ID#**1653~31,RELATOR**


### On



# ---- Cause No.

§ § § § § ORDER 

### 1193809-C
COURT OF CRIMINAL APPEALS OF TEXAS

,**2015,th~** 

### Realtor 1

### s Application foi Writ of Mandamus came to be considered.The Court firids that the relator is entitled to the relief sought,and it is**~:** THEREFORE ORDERED.· . 

### .fhal_t the District Clerk of Harris County,Texas immediately transmit a copy of the relator's application,attached·Memorandum of Law, answers filed, and acertificate reciting the date upon which those findings were made,to the Court of Criminal Appeals of Texas.
Signed on---------------

JUDGE-PRESIDING-----------------CERTIFICATE OF SERVICE;::;
This is to certify that on May 8, 2015, a true and correct copy of the

.foregoing Application for Writ of Mandamus was placed in the United States

Mail, to be delivered to the Harris County District Clerk's Office, Mr. Chris Daniel, at·P.O. Box 4651, Houston, Texas 77210-4651.

Sigr).ed oni:this the

# __J__day of
_

# _.M'---'-~"---" ....

# Y~·--------' 20 

# /5
.