Britton, Donald Ray, WR-81,957-01

Britton, Donald Ray

WR-81,957-01

| Tex. App. | Apr 1, 2015

Check Treatment

Case Information

Cover Sheet

From: Donald Ray Britton TBC.Tno: 1657318 C.T. Ferre// Unit 1300 PM road 655 Rosharon TX 77583

Court Of Criminal Appeals no. Wr-81.957-01 RECEIVED IN COURT OF CRIMINAL APPEALS

APR 012015 Dear Clerk: Abel Acosia, Clerk Enclosed pleas find relatons Response To march 12.2015 Letter from The Court Of Criminal Appeals.

The relator is requesting that this Clerk please file these papers and to bring them to the attention of the Court.

I greatly appreciate your time and assistance with this matter that is now pending before this Court.

To: The Clerk Of The Court Of Criminal Appeals no. 804 12308. Capitol Station Aus tion, Texas 78711

*2 In The Court Of Criminal Appeals Austin. Texas

Dorgld Raw Written (ReIation)

The State of Texas Cleck: Tomar Hirt Tudge: Ralph Walton O.A. Robert Christian (Respondents)

Response In Cause no: we-84 262-01Whit of Mandamus C.C.A.

PESONS E to march 12,2015 letter from the Court of Criminal Appeals

To the Honorable Tudge of the Court Of Criminal Appeals. Now comes EYParte Donald Ray Britton, the Relator in this above said styled cause of action. This is in response to a letter dated; March 12, 2015 that was received on March 25, 2015 by the relator from the Court Of Criminal Appeals. In support of this Response the relator wishes to show this Court the following.

On march 25, 2015 the relator in this matter received a letter dated March 12, 2015 from the Court Of Criminal Appeals Clerk Able Acosta stat ing; that on September 10, 2014 this Court entered an order regulating the relator to respond within 30 days by either presenting an order designating

*3 issues, submitting the application for Writ of Habeas Corpus to this Court, or by certifying that no application was filed. A copy of said order is available on our website under the above referenced written number. To date no response to this order has been received.

Please take action within the next tendas to explain why you have not compiled with the order of September 10, 2014.

II.

The relator filed his original Writ of Mandamus with the Court of Criminal Appeals that was received by this Court on August 15, 2014. In this Writ of Mandamus the relator alleges that his convicting trial court, the 35th Judicial District Court of Hood County Texas) is holding his 11.07 Writ of Habeas Corpus without justification and the relator by filing this Writ of Mandamus is seeking relief from the actions of the convicting trial court.

III.

Judicial Notice

In this matter that is before the Court, the relator at this time is requesting that the Honorable Judge of said Court please take Judicial Notice to the fact that I, the relator. Never Received A Copy Of This Order from The Court and has not received any legal correspondence back from this Court since the time of the original filing of his application for Writ of Mandamus with the Court of Criminal Appeals and has only received a white

Card"stating this Court received his writ and that it has been presented to the Court.

II.

For this reason stated above the relator was unfortunately unable to have an opportunity to properly and timely respond to this Sept 10.2014 order by this Courtand he is now reguesting that he be allowed to receive a copy of this order at this time and be allowed 30 days to respond.

Further the relator regues't that this Court take under its consideration the relator is incarcerated and is not allowed intermet access which would allow bim to obtain a copy of this order from the Court Of Criminal Appeals website on his own.

I.

However on March 25, 2015 at the time the relator received this letter from the Court stating that he had ten days to respond and to explain why he has not complied with the Sept 10.2014 order the relator immediately upon receiving this letter sent an I-60 Regvest Form to the C.T. Terrell, Unitmairnom, (see attached I-60 reguest form). As you can see in the Disposition (response) to this I-60 reguesting this information the relator received a very evasive response.

The reform an attempt at an alternative means ofrelief and to prove the facts alleged by the relator (this being that he didnot receive a copy of the order) at the discretion and with the permission of this Court he is requesting to be allowed to file an motion for leave to do Limited Discovery and Disclosure of Mailroom Records and Login Records for

L equal Mail during the month of Sept 2014. I have been diligent in my attempt to gain this information from the mailroom and they have been evasive and have refused to turn over this information they are also in violation of their own policies and procedures for the distribution of legal mail on this unit by not allowing inmates to be able to sishn for their legal mail and to receive a receipt showing that they received their legal mail. They are being allowed to circumvent their own rules. This is why it is important that the relator be allowed this discovery to show the court by factual evidence that he never received this order dated September 10, 2014.

Prayer for Relief

The relator freys that the Court Grant him the relief requested in his response and that he be allowed a copy of this order and permission to file a motion for leave to obtain limited discovery and disclosure of these records and that he be given a chance to respond to this order and to be allowed time to prepare and present courts request for designated issues.

Certificate Of Service

The relator certifies that on this date $Macch$ 29.2015. He sent to the clerk of the Court Of Criminal Appeals his response to the March 12.2015 letter.

*6 SUBJECT: - State briefly the problem on which you desire assistance. today $3 - 25 - 15$ I just received in the mail legal a letter stating that the Court Of Criminal Appeals sent me legal mail on Sept. 10, 2014 here at the C.T. Tervell Unit I never received this legal mail from the mailroom here at the C.T. Tervell Unit.

Would you please check your records and tell me if you have any records showing that 1 receive 1 a 15 legal mail from the Court of Criminal Appeals in the month of September, 2014

Name: Donald Borseton No: 1657319 Unit: Tervell Living Quarters: $A 9 - 13$ Work Assignment: Medically Unassigned $S_{2} 01$ DISPOSITION: (Inmate will not write in this space) Weldont provide this info. Mr. Varela

TEXAS DEPARTMENT OF CRIMINAL JUSTICE - INSTITUTIONAL DIVISION INMATE REQUEST TO OFFICIAL

REASON FOR REQUEST: (Please check one)

PLEASE ABIDE BY THE FOLLOWING CHANNELS OF COMMUNICATION. THIS WILL SAVE TIME, GET YOUR REQUEST TO THE

PROPER PERSON, AND GET AN ANSWER TO YOU MORE QUICKLY.

Unit Assignment, Transfer (Chairman of Classification, Administration Building)
Restoration of Lost overtime (Unit Warden-if approved, it will be forwarded to the State Desciplinary Committee).
Request for Promotion in Class or to -Trusty Class (Unit Warden-if approved, will be forwarded to the Director of Classification)
$◻$ Clemency-Pardon, parole, early out-mandatory supervision (Board of Pardons and Paroles, 8610 Shoal Creek Blvd. Austin, Texas 78757)
Visiting List (Asst. Director of classification, Administration Building)
$◻$ Parole requirements and related information (Unit Parole Counselor)
$◻$ Inmate Prison Recorder (Request for copy of record, information of parole eligibility, discharge date, detainers-Unit Administration)
$◻$ Personal Interview with a representative of an outside agency (Treatment Division, Administration Building)