Case Information
*1
AUR 27 2015
ADVIAOODA, OIAA AUGUST 22,2015 RE: (REQUEST TO FILE MY "APPIICATION FOR WRIT OF MANDAMUS IN CAUSE NO 1358040-A).
DEAR CLERK: PLEASE FIND ENCLOSED THE ORIGINAL OF MY "DEFENDANT'S ORIGINAL APPIICATION FOR WRIT OF MANDAMUS" PLEASE FILE FOR RECORD AND BRING IT TO THE ATTENTION OF THE PROPER COURT IN CLOSING, I WILL APPRECIATE YOUR ASSISTANCE IN THIS MATTER.
RESPECTFULLY,
*2 CAUSE NO 1358040-A MICHAEL JOSEPH FUHRMAN TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, MICHAEL JOSEPH FUHRMAN RELATOR, Pro Se IN THE Above StYLED AND NUMBERED CAUSE OF ACTION AND FILES THIS ORIGINAL APPLICATION FOR WRIST OF MANDAMUS PURSUANT TO ARTICLE II.OT, SECTION 3 (C) OF THE TEXAS CODE OF CRIMINAL PROCEDURE
AND WOULD SHOW THE COURT THE FOLLOWING: I.
RELATOR MICHAEL JOSEPH FUHRMAN, TOLT NO. 1818465, IS AN OFFENDER IN THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE AND IS APPERAINO Pro Se, WHO CAN BE LOCATED AT LARRY GIST STATE JAIL, 3295 FM 3514 BEAMMONT, TEXAS, 77705.
THE ACT SOUGHT TO BE COMPELLED IS MINISTERIAL, NOT DISCRETIONARY IN NATURE. RELATOR WILL SHOW: RELATOR MAILED TO THIS COURT HIS APPLICATION FOR WRIST OF HABEAS CORPUS WHICH WAS RECEIVED AND FILED FOR RECORD ON JUNE 8th JOIS. ON JUNE 19th 2015 AN ORDER DESIGNATING ISSUES WAS SIGNED BY THE JUDGE OF THE 17TH DISTRICT COURT OF HARRIS COUNTY TEXAS.
AT THIS TIME IT HAS BEEN "WELL OVER"(30) THIRTY WORKING DAYS SINCE THE COURT ISSUED THE
*3 ORDER DESIGNATING ISSUES AND TO DATE THE RELATOR HAS RECEIVED NO ANSWER OR RESPONSE.
II.
RESPONDENT
RESPONDENT, CHRIS DANIEL IN HIS CAPACITY OF THE DISTRICT CLERK OF HARRIS COUNTY, TEXAS HAS A MINISTERIAL DUTY TO RECEIVE AND FILE ALL PAPERS IN A CRIMINAL PROCEDING AND PERFORM ALL OTHER DUTIES IMPOSED ON THE CLERK BY LAW PURSUANT TO THE TEXAS CODE OF CRIMINAL PROCEDURE, ARTICLE 3.21. CHRIS DANIEL, DISTRICT CLERK, HARRIS COUNTY MAY BE SERVED/LOCATED AT HIS PLACE OF BUSINESS AT, P.O. BOX 46.51, HOUSTON, TEXAS 77210-4651.
RESPONDENT HAS WHOLLY FAILED TO COMPLY WITH THE TEXAS CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07, SECTION 3 (d) AND SECTION-7 IS ACTING IN BAD FAITH AND HAS ALSO FAILED TO AFFORD RELATOR THE PROFESSIONAL AND COMMON COURTESY OF ANY WAYREN RESPONSES OR COPIES OF THE STATE'S ANSWER, MEEN'S, OR OTHER PLEADINGS RELATED TO THE ORDER AS MENTIONED ABOVE.
RESPONDENT IS IN VIOLATION OF THE T.C.C.R...., ARTICLE 11.07, SECTIONS 3 (d) & 7, MINISTERIAL DUTIES, AND THIS THE LAWS OF THIS STATE. RELATOR AVERY THAT HE IS BEING HELD ILLEGALLY IN VIOLATION OF THE TEXAS STATE CONSTITUTION ASWELL AS THE UNITED STATES CONSTITUTION.
III.
"VIOLATION OF ARTICLE 11.07 OF THE TEX CODE OF CRIM PRO."
THE RESPONDENT VIOLATED ARTICLE 11.07 SECTIOUS, 3 (d) & 7 AS FOLLOWS: IN SECTION 3 (d) IT STATES.
"AFTER THE CONVICING COURT MAKES FINDINGS OF FACT OR APPROVES THE FINDINGS OF THE PERSON DESIGNATED TO MAKE THEM, THE CLERK OF THE
*4 CONVICTING COURT SHALL IMMEDIATELY TRANSMIT TO THE COURT OF APPEALS, UNDER ONE COVER, ......... THE APPLICATION, ANY ANSWERS FILED, ANY MOTIONS FILED, TRANSCRIPTS OF ALL DEPOSITIONS AND HEARING, AFFIDAVITS, AND ANY OTHER MATERS SUCH AS OFFICIAL RECORDS USED BY THE COURT IN RESOLVING ISSUES OF FACT."
FURTHER, IN SECTION 7 IT STATES: "WHEN THE ATTORNEY FOR THE STATE FILES AN ANSWER, MOTION, OR OTHER PLEADING RELATING TO AN APPLICATION FOR A WRIT OF HABEAS CORPUS OR THE COURT ISSUES AN ORDER RELATING TO AN APPLICATION FOR A WRIT OF HABEAS CORPUS, THE CLERK OF THE COURT SHALL MAIL OR DELIVER TO THE APPLICANT A COPY OF THE ANSWER, MOTION, PLEADING, OR ORDER."
IT. PRAYER WHEREFORE PREMISES CONSIDERED, RELATOR, Pro Se PRAYS FOR AN ORDER DIRECTING RESPONDENT TO MAIL OR DELIVER TO RELATOR (APPEICANT) A COPY OF THE STATE'S ANSWER, MOTION, PLEADING, OR ORDER. FURTHER, RELATOR PRAYS FOR RELEASE FROM ILLEGAL CONFINEMENT.
RESECTFULLY SUBMITED, Michaeel J. Juhnman RELATOR PRO SE
*5 PURSUANT TO TITLE G, TEXAS CIVIL PRACTICE AND REMEDIES CODE, CHAPTER 132 SECTION 132.001, et. seq.
I, MICHAEL JOSEPH FUHAMAN, TDCJ-ID NO: 1818465, BEING PRESENTLY INCARCERATED IN THE TEXAS DEPARTMENT OF CRIMNAL JUSTICE INSTITUTIONAL DIVISION, (TDCJ-ID) AT THE LARRY GIST STATE JAIL IN BEALMONT, JEFFERSON COUNTY, TEXAS DECLARE UNDER PENALTY OF PERJURY THAT THE FORGOING IS TRUE? CORRECT.
EXECUTED ON THE 22ND DAY OF AUGUST, 2015.
Michael J. Juhnman RELATOR, PRO SE ORDER THE FORGOING WRIT OF MANDAMUS IS HEREBY:
GRANTED DENIED
PRESIDING JUDGE (4)
*6
CERTIFICATE OF
SERVICE
THIS IS TO CERTIFY THAT A COPY OF THE ABOVE ENTITLED AND NUMBERED "ORIGINAL APPLICATION FOR WRIT OF MANDAMUS" HAS BEEN SERVED ON RESPONDENT'S CHRIS DANIEL, HARRIS COUNTY DISTRICT CLERIK, P.O. BOX 4651, HOUSTON, TEXAS 77310-4651 AND THE CLERK OF THE COURT OF APPEALS, ABEL ACOSTA, P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 787112308 BY DELIVERY OF A TRUE COPY TO HIM, EITHER IN PERSON, OR VIA U.S. MAIL DEPOSITED UNDER THE CARE AND CUSTODY OF THE U.S. POSTAL SERVICE ON THE JJND DAY OF AUGUST, 2015.
Michael J. Juhman RELATOR, Pro Se