.3id03 -QtlRECEIVED IN 

COURT OF CRIMINAL APPEALS 

Cr:tuse No: 2013-2073-C2 & 2013-2331-C2 JAN 12 2015 

Craig Mack 

TDCJ-ID#l939218 

Relator 

v. 

*Honorable Judge 

Mr. Matt Johnson; 

*Mr. Abel Reyna; 

*District Attorney; 

Mrs. Karen Matkin; 

*DI.S'it'HCIT CLERK; IN 'IHEIR CFFICIAL 

Respondents CAPACITIES.§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

IN THE 54TH JUDICIAL Abel Acosta, Clerk 

District Court of 

McLennan County, Texas 

This document conta· 

Pag , tl·· .. · ms some 

es . iat are of poor quality 

at the time of imaging. 

Original Application for Writ of Mandamus 

To The Honorable Judge of Said Court of Appeals: 

Now Comes, Craig Mack, Relator, Pro Se in the above styled 

and numbered causes of action and files this original Application 

for Writ of ~andamus, Pursuant to Article §11.07 section 3(c); 

§28.01, section l(l)thru(B); §2.2l(a)(l)thru(3) and(6); §44.07; 

§ 4 4 . 0 2 ; § 2 6 . 1 3 f!>) § 2 6 . 0 2 & § 2 6 . 0 3 ; § 2 6 . 0 1 ; § 1'4 . 0 6 ( a ) ; § l. 0 5 ; § l. 0 6 ; 

§1.16; §1.09; §21.03; §21.02(7);§21.27(7); §2(.12;§25.02; §19.28; 

§19.27; §16.17; § 16.14; §11.43; §26.04; § 16.05; §16.08; §39.14; 

§29.08; §29.03; §29.01; § 20.02(d); §61.03(a); §38.23; §15.17(a); 

§31.01; §31.02; §31.03; §31.05; §31.06 and §31.07 all of the Texas 

Code(s) of Criminal Procedure(s); Article l,Sections §9,10 and 19 

of the Texas Constitution; and 'the 1ST, 4TH, 5TH, 6TH, 8TH and 14TH 

Amendments .of the United States Constitution. 

And will show the Court the following facts: 

1* > Craig Mack,TDCJ-ID#l939218, is a prisoner incarcerated 

in the Texas Department of Criminal Justice-Institutional Division 

and is requesting relief in order to Perfect his right of appeal 

on the trial courts and the Distr±6t Clerks records. 

I 

2* > The acts sought to be compelled are ministerial, not discretionary in mature~ T.C.C.P. art 11.07 section 3(c) requires 

[ 1 ] . 
Respondents to immediately transmitt to the Court of Criminal 

Appeals a COPY of the Application for Writ of Habeas Corpus; 

any answers filed [Notice-Request Appeal] and a certificate 

reciting the date upon which the finding was made; if the convrcting court decides that there are no issues to be resolved. 

3.* In Relator's cause, he filed a Motion for Self-Representation on 05-23-14; and in rebuttal the State's appointed defense, 

attorney Mr. Stephen Reed, filed his Motion to Withdraw as counselor; 

therefore, Relator personally filed eight(8) Pre-Trial Motions 

that the States' Court-Appoint~d defense attorney failed-refused 

to file for Relators' defense. 

4.* On 06-06-14, Relator filed three(3) timely Motions Pursuants 

to T.C.C.P. a~ticle §28.0l,section 1(1)-(8), 'l'Motion To Suppress 

Evidence, obtained As A result of A Warrantle~s Arrest; '2'Motion 

For Discovery and '3'Motion To Inspect Grand JuryiMinutes and to 

Dismiss the Indictment. 

5.* Again, on 06-09-14, Relator filed four(4) timely Pretrial Motions 

(l)Motion for Continuance; (2)Motion to Dismiss Charges For Constitutional and Statutory Violations; (3)Motion to Quash and (4)Motion 

for Change of Venue, and on 06-10-14, Relator filed an Amended Motion 

to Quash. 

6.* All nine(9) of ~elators' timely pre-Trial Motions were served on 

the District Clerk; Mrs. Karen Matkin; the original District Attorney, 

Mr. Abel Reyna and the 54TH District Judge: The Honorable Judge Matt 

Johnson, by United States Mail Service. 

7.* The Respondent, Honorable Judge matt Johnson, ORDERED a Pre-Trial 

hearing on 06-13-14, to hear and rule on the States' Gpprt .Appointed 

defense Attorney's Motion To Withdraw AS Counsel;the Respondent ~M 

"verbally" denied Relators' Right of Self -Representation, and Respondent 

knowingly, deliberately, intentionally and maliciously failed to 

respond in writing to any of Relators timely, Pre-Trial Motions as, 

[ 2] 
Prescribed by State and Federal laws of this State and the United 

States Constitutional Amendments. [Bill of Rights]. 

8.* On 08-11-14, Relator filed his request-Notice of Appeal with 

' Respondent, Mrs. Karen Matkin, through the United States PostalService, and~Pursuant to T.C.C.P. article §44.02, which states in 

part ·quote "tatter Part" he must have permission of the trial -

court, except on those matters which have been raised by written 

Motions filed Prior to Trial" end quote. 

9.* In Relators' causes, the trial date was > 06-19-14,and the 

Trial Court records1 the Clerks records will verify that none of 

the 'merits in the nine(9) timely filed Pre-trial Motions has received a Written Response; and which were filed three(3)Motions-

. C.lJa ~'M,';.J,., CM 

06-06-14 & four ( 4) Mot ions-06-09-14 ·and · II! lli 

(l)one filed 05-23-14; (l)Amended Motion-06-10-14. 

10.* Pursuant to T.C.C.P. article 44.07: Rights of Appeal not abridged; 

Respondent have abridged and denied Relator of his right of appeal 

and to be heard as guaranteed by the United States Constitutional 

Amendments. 

11.* Responde~ts has Violated article 11.07 section 3(c) of the 

Texas Code of Criminal procedure by knowingly,intentionally,delibertely and maliciously failing-refusing to give a Written Response 

to Relators' timely filed Pre-trial Motions and granting relator 

an appeal. 

12.* To date, Relator has not received any responses from the Respondents regarding relators request-notice of appeal,nor a response 

to any of the Relators nine(9)timely filed Pre-trial Motions. 

13.* Relator has repeatedly put respondention Notice that Relator 

01'1\ 

seeks to appeal the illegalUf and unlawful~judgment and conviction 

in the above numbered causes; and for a Written answer to ALL ofRelator's timely filed Pre-Trial Motions, Pursuant to T.C.C.P. 

article §44.02, §44.07 and §26.13(~. 

[ 3] 
14.* Relator has gone well beyond any requirements, or obli-. 

gations upon him by the Texas Code of Criminal procedure. An•n 

contrast to Relator's efferts, respondents has wholly failed 

to comply with T.C.C.P. article §11.07 3 (c); articles §28.01 

section 1(1) thcu(B); §44.02; §26.13f,Pnd §44.07 Statutes of 

T.C.C.P.; and is acting in bad faith and has failed to afford 

Relator the professional and ~ommon courtesy of any written 

response to relator's timely, legitimate Motionsand Right to,, 

an appeal on said Motions. 

1!t 

Wherefore, Premises considered, relator, Craig mack, Pro Se 

respectfully request a finding that respondent did not respond 

to any of relator's nine(9) timely filed Motions for his defense, 

and that Respondents are denying, hindering,and abridging relat'or' s Right To an Appeal on ALL Motions filed prior to the Trial 

date of June 19TH,2014;and that Relator has brought this litigation in good faith and has substantially Prevailed, under the 

Laws and Status of this State. 

Relator Prays for an 'ORDER' directing Respondents to respond 

in writing to all nine(9) of Relator's legitimate and timely filed 

Motions; issue .an ORDER for Respondents to grant Relator his RIGHT 

to appeal on these nine(9)Motions; also issue an ORDER for Respondents 

to provide Relator with a copy of the Clerk's records and Trialrecords under Relator's indigent status in order to perfect his 

Right To appeal. 

[ 0 4] . 

Respectfully Submitted 

By: Craig Mack,Pro Se 
CERTIFICATE OF SERVICE 

This is to certify 

~1\!Ad..-\1'~ •' 2015. 

for Writ of Mandamus, 

that on this the ____ J~~tf\L·--· _______ day of 

A true copy of Relator's Original Application 

has been served on the District Clerk, Mrs. 

Karen Matkin; the Criminal District Attorney, Mr. Abel Reyna; and 

District Judge; Honorable Matt Johnson's Offices at McLennan • 

County, Texas, at Waco,Texas by placing the same in the United 

States Postal Service Mail. 

[51 • 

Mr. 

/s/ Cr~k W'~ #1939218 

Mark Wayne Michael Unit 

2664 

Tennessee Colony, Texas 

75886 

Craig Mack. 

~~· 
II 

I 

AO 240 (Rev. 06/09) Application to Proceed in District Court Without Prepaying F~es or Costs (Short Form) 

UNITED STATES DISTRICT COURT 

,. WestemD;::~eofTexas ;Jt1tv_. sLfth·ruJrd~J Di4vl&-- ~w-t ~-1\1\ ~~&tLCow~~- f1tl4r., fl-,1<11 :JJJJ..A~·-r{laintiff . · · . · 

ttlM:-. AkA '&-ytxl j(-v.{l/tNs.,-N,feeN /k1dltf<Jn 

Defendant · . . 

) 

) .. -,;~d& . . u 

) Civil Action No. . , 

~ ClliiliJJ.o~1tJ l3~,-<Z013- C1. ~ 

t.._o 13 -~~3t- ca. 

APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS 

(Short Form) 

I am a plaintiff ()r petitioner in this ca5e and declare that I am unable to pay the costs of these proceedings and 

that I am entitled to the relief requested. 

In support of this application, I answer the following questions under penalty of perjury: 

1. Ifincarcerated. I am being held at: i c~ ~~I \ c::r-Tb 

If employed there, or have an account in the ins 'tution, I have attached to this document a statement certified by the 

appropriate institutional officer showing all receipts, expenditures, and balances during the last six months for any 

institutional account in my nanie. I ain also submitting a similar statement from any other institution where I was 

· incarcerated during the last six months. . 

2. If not incarcerated. Ifi am employed, my employer's name andaddress are: 

/ 

My gross pay or wages are: $ D . , and my take-home pay or wages are: $ ------- ___ O-=·=-·· _· __ per 

(specify pay period) 

3. Other Income. In the past 12 months, I have received income from the following source~ (check all that apply): ' . ' . . .\ 

(a) Business, profession, or other self-employment 

(b) Rent payments, interest, or dividends 

(c) Pension, annuity, or life ins_urance payments 

(d) Disability, or worker's compensation payments 

(e) Gifts, or inheritances 

(f) Any other so'urces 

0 Yes 

0 Yes 

0 Yes 

0 Yes 

0 Yes 

0 Yes 

If you answered "Yes" to any question above, describe. below or on separate pages each source of money and· · 

state the amount that you received and what you expect to receive in the future. · 
. . . 

A0.240 (Rev. 06/09) Application to Proceed in District Court Without Prepaying Fees or Costs· (Short Form) 

4. Amount of money that I have in cash or in a checking or savings account: $ 0 

5. Any automobile, real estate, stock, bond, security, t:Iilst, jewelry, art work, or other fmancial instrument or 

thing of value that I own, including any item of value held in someone else's name (describe the property and its approximate 

value): J...:/OUf:- . . 

6. Any housing, transportation, utilities, or loan payments, or other regular monthly expenses (describe and provide 

the amount of the monthly expense): Utf /Ue· . . . . 

7. Names (or, if under 18, initials only) Of all persons who are dependent ori me for support, my relationship 

with. each person, a:nd how much I contribute to their support: NtJ ji.l.€ 

8. Any debts or fmancial obligations (describe the amounts owed and to whom they are payable): 

• ~-t ~ ~ A ttto~t- R.Mfto \,'lJ rL-. 

~ 3etmr"\ t'l_ ri V\Q,V\CLt AW10W LM'\fMJWh_. 

a· \Nov \d f'-'lt-1 aV\.CQ~ tl-Mol.(;btt .. u.vvKVIA) \lJ£r~v 

4i ~ (})IJJ(t -t A~t,4flt\- Un:Koow VL· 

Declaration: I declare under penalty of perjury that the above information is true and understand that a false 

statement may result in a dismissal of my claims. 

Date: 01 --0'7-JJJtG 

Prznted name 
. . 

(B) tdc01a2w - PASSPORT Wednesday, January 07, 2015, 10:02:42 AM 

CSINIB02/CINIB02 TEXAS DEPARTMENT OF CRIMINAL JUSTICE 01/07/15 

10:02:06 

INDIGENT DTE: 12/23/14 

o·7 /01/14 

1A2W/KST5757 IN-FORMA-PAUPERIS DATA 

TDCJ#: 01939218 SID#: 03180032 LOCATION: MICHAEL 

NAME: MACK,CRAIG E BEGINNING PERIOD: 

PREVIOUS TDCJ NUMBERS: 00543811 00612010 

CURRENT BAL: 0.00 TOT HOLD AMT: 

6MTH DEP: 61.39 6MTH AVG BAL: 

0.00 3MTH TOT DEP: 

0.58 6MTH AVG DEP: 

20.00 

10.23 

HIGHEST BALANCE 

20.00 

0.00 

0.00 

TOTAL DEPOSITS 

20.00 

0.00 

0.00 

MONTH 

09/14 

08/14 

' 07/14 

MONTH 

12/14 

11/14 

10/14 

PROCESS DATE HOLD AMOUNT HOLD DESCRIPTION 

HIGHEST BALANCE 

20.00 

20.00 

0.00 

TOTAL DEPOSITS 

20.98 

20.41 

0.00 

ON 

STATE 

THIS 

OF 

THE'~\DAY TE~~COUNTY OF 

OF~ ~~/s-1 CERTIFY THAT THIS DOCUMENT IS A TRUE, 

COMPLETE,AND UNALTERED COPY MADE BY ME OF INFORMATION CONTAINED IN THE 

COMPUTER DATABASE REGARDING THE OFFENDER'S ACCOUNT. NP SIG: 

PFl-HELP PF3-END ENTER NEXT TDCJ NUMBER: OR SID NUMBER: 

NOTARY PUBLIC 

STATE OF TEXAS 

COMM. EXPIRES 

8-28-2016 

UN07AAY WffifOUT BOND" 

'i ..