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Click here for the full text of this decision FACTS:Relator has filed a motion for leave to file a writ of mandamus. He alleges that he has a final conviction for felony offenses in cases 99-2467 and 99-2469 of the 109th Judicial District Court. He contends that he attempted to file an application for a writ of habeas corpus with the district clerk in August 2005 and again in September 2005, but that each time, his application was returned in the original, unopened envelope, marked as refused. The respondent, the District Clerk of Lynn County, advised this court that approximately three to four years ago the clerk’s office stopped accepting inmate correspondence that had not been inspected for the presence of anthrax. The district clerk further advised she does not have relator’s applications for a writ of habeas corpus. In his application for leave to file a writ of mandamus, relator attaches a copy of the applications for a writ of habeas corpus that he attempted to file. HOLDING:The court grants relator’s motion for leave to file, and conditionally grants mandamus relief. The clerk has a duty to accept an application under Texas Code of Criminal Procedure Article 11.07. The duty is ministerial. Thus, the first requirement for mandamus relief is fulfilled. There is no provision for an appeal concerning the clerk’s refusal to perform the ministerial duty to accept and file papers. Therefore, Relator has met the second requirement for mandamus relief. All requirements for mandamus relief have been fulfilled. OPINION:Per curiam.

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