Yi-ifmirCAUSE 1132233-C

LAMONN E. BLUNT

RELATOR,

V.

CHRIS DANIELS

HARRIS COUNTY DISTRICT CLERK,

RESPONDENT

IN THEtffyU JUDICIAL DISTRICT

COURT IN HARRIS COUNTY TEXAS

APPLICATION FOR MANDANMUS

TO THE HONORABLEfflg** JUDICIAL DISTRICT COURT:

NOW COMES, Lamonn E. Blunt, applicant, and asks this Court to issue a

Writ of Mandamus to Chris Daniels, Resondent, to require the respondent to

submit the said supplemental cause for review by this Court as required by statu

tory law, and in support of this application the Relator would show the Court the

following:

I.

FACTUAL BACKGROUND

On or about March 10, 2011, and under the above-stated cause, the relator did

file with the Respondent's office one (1) original writ of habeas corpus challeng

ing his conviction, (see 1132233-A) Months later, the Relator requested this

Court for Voluntary Dismissal of the Writ cause and simultaneously requested that

a Supplemental writ be filed, (see EXHIBIT A) This Court granted the motion on

March 26, 2014 due to late submission to this Court by the respondent, (see

Clerk's Docket) Despite this Court's order, the respondent has continually

failed to file the relator' supplemental writ containing additional facts and

claims as mentioned in his Voluntary Dismissal motion, affecting the accuracy of

the District Attorney's Answer and this Court's Conclusions on the cause.
Though the relator's subsequent writ submissions under the same cause were

DISMISSED for failure to "verify," his corrected submission is still being held

in limbo without communications from the respondent's office. (Clerk's Docket)

Despite numerous letters requesting status of the supplemental writ, and despite

the relator's family hand-delivering an additional copy of the supplemental writ,

the respondent has not communicated whether this Court has received its sub

mission, (see Filing Date; 3/28/14)

II.

JURISDICTION

This Honorable Court has exclusive jurisdiction to consider this application

pursuant to Art. 4 of the TEXAS CODE OF CRIMINAL PROCEDURES and Art. 5 of the

Texas Constitution, (et.seq.)

III.

ARGUMENTS and AUTHORITIES

The District Court has the power to issue a writ of mandamus against a District

Court Clerk when the Clerk refuses to adopt a pleading presented for filing, to

enforce the District Court's jurisdiction. (IN RE SIMMONDS 271 S.W.3d 874)

According to Art. 11.07 (et.seq.), the District Clerk must accept and file

writ applications having satisfied jurisdictional prerequisites. In the instant

case, the respondent has long received the relator's supplemental writ contain

ing additional claims and supportive facts but is continually failing to submit

the writ for review despite this court's order arid the statutory directive to

do so. (see Order - Voluntary Dismissal / Art. 11.07 §§2^4 Tex.Code. Crim. Pro.)

Because this District Court has exclusive jurisdiction to hear and make recom

mendations relative to the writ cause, it is deprived of its legal enforcement

authority granted by Legislature and the Honorable framers of the Texas Consti

tution. Additionally, due to the respondent's clear shirk from its official

duties in this instance, his office has unnecessarily extended the established

time by which a District court should rule on a pleading, (see TEX. RULES of

JUDICIAL ADMIN. Rule 7(2) / GOV. CODE title 2, subtitle F.APP);(also ADMIN. CODE

§2001.141(b)); (also Art. 11.07 et.seq.)
v.

CONCLUSION

The relator has no other legal remedy available to him other than this appli

cation for mandamus.

This action sought is, under the facts of this case, in essence, a mere minis

terial act which respondent has a legal duty to perform.

Applicant has properly requested respondent to perform which repondent has re^

fused. Without this District Court's intervention, it is feared that many

more years could possibly expire before any review of the writ's merits is made

and valuable witnesses and other evidence relative to the case lose its force.

WHEREFORE, PREMISES CONSIDERED, applicant prays that' this Honorable Court grant

this application and that the respondent be ordered to submit the supplemental

writ and memorandum for consideration by this Court. It additionally prayed

that this Court examine the Clerk's docket under this cause and assure the clerk's

statutory compliance, including up-date communications with the relator as to the

subsequent status of said cause.

pplicant Pro Se

ftO FM 2821

Huntsville, Tx. .77349
CERTIFICATE OF SERVICE

I, LAMONN E. BLUNT, do certify that a true and correct copy of this Motion For

Leave To File Mandamus and application For Mandamus has been forwarded by U.S.

Mail, Postage prepaid, First Class, to the respondent (District Clerk of Harris

County) on this UtU day of AuQf *2015.

NAME / ADDRESS: CHRIS DANIELS

District Clerk of Harris County

105 Civil Crts. Bid.

301 Fannin St.

Houston, Tx. 77002
LAMONN E. BLUNT

RELATOR,

V.

CHRIS DANIELS

HARRIS COUNTY DISTRICT CLERK,

RESPONDENT

CAUSE 1132233-C

IN THE 185th JUDICIAL DISTRICT

COURT IN HARRIS COUNTY TEXAS

ORDER

ON THIS THE DAY OF 2015, came to be heard relator's Motion For Leave

and application For Mandamus, and after due consideration of the same, it is

ORDERED that this application be GRANTED / DENIED.

Judge Presdiing
TO: LOUISE PEARSON

CLERK OF THE TEXAS CRIMINAL COURT OF APPEALS Date: 2 /2-/|2.

SUPREME COURT BUILDING

201 W. 14th St.

P.O. Box 12308

Capitol Station/ Austin/ Texas 78711-2308

RE: (WRIT CAUSE NO. 1132233-A)

Dear Clerk:

Please find enclosed one (1) original and one (1) copy of my Motion To

Voluntarily Dismiss Habeas Cause. It is humbly requested that a copy of the

said motion be issued to the relevant parties as soon as practical. In

addition/ I am asking that your honorable office keep me up-dated on the status

of this motion and send me a copy of the Justice's decision in relation to

this motion. If there's any questions/ please contact me at my enclosed

address.

I do appreciate your office's kindest efforts in this regard.

Thank You Much,
EX PARTE LAMONN E. BLUNT/

Applicant

(movant)

V.

THE STATE OF TEXAS,

Respondent

NO. 1132233-A

IN THE CRIMINAL COURT OF APPEALS

OF AUSTIN, TEXAS

MOTION TO VOLUNTARILY DISMISS HABEAS WRIT CAUSE PURSUANT TO

RULE 42.2(a). OF THE TEXAS RULES OF APPELLATE PROCEDURE (ANN.)

TO THE HONORABLE JUSTICE OF SAID COURT:

COMES NOW/ Lamonn E. Blunt/ Applicant (movant), in the above entitled

and numbered cause/ and move this honorable court to dismiss said writ of

habeas corpus filed therein the convicting court/ and in support of said

such motion shows:

I.

JURISDICTION

This honorable court has jurisdiction pursuant to Art. 4.03 V.A.C.C.P.

and the above-related Appellate Rule 42.29(a) (V.A.C.C.P.)

II.

REASONS

The herein movant filed his original state habeas action pursuant to

Tex.Crim.Code Proc. Art.11.07 § 3 (Vernon SUpp.2007) under the above cause.

The movant acknowledges that he filed the said writ in haste and may have

denied the trial court a fair opportunity to review unlisted relevant facts

supportive of the claims raised. In addition, movant would like to submit

additional claims and facts that would entitle him to relief.
The movant assures this court that the additional claims and facts will

not be excessive or redundant/ but merely wish to allow this court an oppor

tunity to consider the cause in it's entirety and reach a fair opinion.

PRAYER/CONCLUSION

WHEREFORE, PREMISES CONSIDERED, the movant prays the court grant this

Motion To Voluntarily Dismiss in all fairness.

RESPECTFULLY SUBMITTED,

Movant, Pro Se
CERTIFICATE OF SERVICE

I, LAMONN E. BLUNT, do certify that a true and correct copy of this" Motion

To Voluntarily Dismiss, has been forwarded by the United States Mail, Postage

Prepaid, First Class, to the District Attorney, Harris County, Texas,

on this "Z^vsbday of~\S-\&. * 2011.

Name /Addressrf~ye».—«?~v^, c_- ^Lv—V

DISTRICT ATTORNEY

1201 Franklin, Suite 600

HOUSTON, TEXAS 77002-1923

CC: JUDGE, PRESIDING COURT
EX PARTE LAMONN E. BLUNT,

Movant k

V.

.THE STATE OF TEXAS,

Respondent

On this the day of

N0.1132233-A

IN THE COURT OF CRIMINAL APPEALS

OF AUSTIN, TEXAS

ORDER

2011, came to be heard movant's Motion To

Voluntarily Dismiss, and after due consideration of the same it is ORDERED that

this motion should be (GRANTED / DENIED).

Justice Presiding
CHRI&DANIEL

Harris County District Clerk

July 8, 2014

LAMONN EUGENE BLUNT ii 1529316

WYNNE UNIT

810 FM 2821

HUNTSV1LLE, TX 77349

RE: CORRESPONDEGE" LETTER OF 6/18/2014

Cause Nismber: 102233-C

Dear Applicant:

We are in-receipt of your correspondence, regarding the status ofthe above mentioned

case. Wereceived an amended application and memorandum May 13, 2014 for case

number 1132233-A. Thiswas placed in the"A" file peryour request. If it was your

intention to file an Application for Writ of Habeas Corpus under Article. 11.07 for

the "C" writ I have included an 11.07 application.

Pieasc refer to the Instructions sheet of the Application for a Writ of Habeas Corpus

Seeking Relief From Final Felony Conviction Under Code of Criminal Procedure,

Article 11.07.

Paula Gibson, Deputy

Criminal PostTrial

1201 I-RANKl.iN • P.O. Uox465i • Houston. Tcxas 77210-4651 • (888) 545-5577

I'aoi: I or-I Ri;v. 01-02-04
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF TEXAS

CLERK OF COURT

P.O. Box 61010

HOUSTON, TEXAS 77208 www.txs.uscourts.gov

Lamonn Eugene Blunt

1529316 Wynne Unit

810 FM 2821 West

Huntsville TX US 77349

Case: 4:1 l-cv-01471 Instruments (3 pases) ptv

Date: Aor IX. 2011

Control:.i 1048696

Notice: The attached order has been entered.

If we are unable to sucessfully send this fax, we will print this notice and mail it to you. We will

continue tt) attempt to fax allsubsequent notices. Forquestions, please call(713) 250-5768.
UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION

NOTICE THAT YOUR COMPLAINT HAS BEEN FILED

It was filed on April 8, 2011

The style of the case is

Lamonn Eugene Blunt v. Rick Thaler

The case number is 4:11-cv-01471

The District Judge assigned to your case is Judge Keith P Ellison

The nature of the claim is Habeas Corpus NOS: 530

Please write or type the civil action number on the front of all letters and documents.

Please address all mail to:

United States District Clerk's Office

P. O. Box 61010

Houston, Texas 77208-1010

The case will be handled in the ordinary course of the Court's work. Writing the

Court to ask about your case will only SLOW the process.

Date: April 18, 2011

David J. Bradley, Clerk
UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION

NOTICE OF THE RIGHT TO TRY

A CIVIL CASE BEFORE A MAGISTRATE JUDGE

With the consent of all the parties, a United States Magistrate Judge may

preside in a civil case, including jury trial and final judgment.

The choice of trial before a magistrate judge is entirely yours. Tell only

the clerk. Neither die judge or magistrate judge will be told until all the parties

agree.

The district judge to whom your case is assigned must approve the referral

to a magistrate judge.

You may get consent forms from the clerk.

David J. Bradley, Clerk
--;*;*.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS

Lamonn Eugene Blunt

Plaintiff/Petitioner

versus

Rick Thaler

Defendant/Respondent(s)

§ Case Number: 4:1 l-cv-01471

§•

Consent to Proceed Before a Magistrate Judge

All parties to this case waive their right to proceed before a district judge and consent

to have a United States Magistrate Judge conduct all further proceedings, including the trial

and judgment. 28 U.S.C. § 636(c).

Order to Transfer

This case is transferred to United States Magistrate Judge

to conduct all further proceedings, including final judgment.

Date United States District Judge
WRIT CAUSE 1132233-0

LAMONN E. BLUNT

RELATOR,

V.

CHRIS DANIELS •••.-,

HARRIS COUNTY-DISTRICT CLERK,

RESPONDENT

IN THE^Bg1*JUDICIAL DISTRICT

COURT IN HARRIS COUNTY TEXAS

MOTION FOR LEAVE TO FILE APPLICATION

FOR MANDAMUS

TO THE HONORABLE\R?^ JUDICIAL DISTRICT COURT:

NOW COMES, Lamonn E. Blunt, applicnt, complaining of Chris Daniels,

Respondent, and pursuant to the TEXAS RULES OF APPELLATE PROCEDURE moves this

Court to grant this applicant leave to file this application for a writ of

mandamus tendered contemporaneously with this motion.

Applicant prays that this motion be granted, the said application for mandamus

be filed and set down for a hearing, that the relief requested be granted, and

for other relief, general and special, including a stay of the proceedings below

until the matters complained of in said application are cured.