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RICKY CASIANO, Relator v. TARRANT COUNTY DISTRICT CLERK, Respondent.

OPINION

PER CURIAM.

Relator has filed a motion for leave to file a writ of mandamus pursuant to the original jurisdiction of this Court. In it, he contends that he mailed a petition for expunction to the Criminal District Court #3 of Tarrant County, but that the Tarrant County District Clerk refuses to file the petition or inform Relator of its filing date. In these circumstances, additional facts are needed. The respondent, the District Clerk of Tarrant County, is ordered to file a response, stating whether the Clerk has received Relator's petition for expunction, and if so, whether the petition has been filed. If the petition has not been filed, the District Clerk shall state why not. If the petition has been filed, the District Clerk shall notify Relator of this fact and of the date upon which the petition was filed, and shall provide this Court with proof of such notification. This application for leave to file a writ of mandamus shall be held in abeyance until the respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order.

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CASIANO v. CLERK, WR-75,684-01 (Tex.Cr.App. 5-4-2011)
(May 4, 2011)