Canton, Jamarios Lechristopher

• Court: Court of Appeals of Texas
• Decided: April 24, 2015
• Docket: WR-81,430-02
• Status: Published

Opinion

J- l

JAMARIOS L. CANTOR 1171951 Robertson Unit CA=rc: ot.-1--3 ...,( 12071 FM 3522 Abilene, Texas 79601-8799 F-IL.E IN WRIT FILE BY: ~ April 17, 2015 Honorable Abel Acosta, Clerk Court of Criminal Appeals . P.O. Box 12308 - c Capitol Station Austin, Texas 78711-2308 RE: EX:-: PARTE JAMARIOS LECHRISTOPHER CANTON Court of-Criminal Appeals Nc. BR-81,430-02 Trial Court Case No. F-1017409 · Dear Mr. Acosta: Enclosed you will find the original and one carbon copy of my NOTICE TO THE COURT that I ask be promptly presented to the Court for its revie~ and consideration. Be advised that I have forwarded a carbon copy o1f same to the Honorable Campbell Cox, District_Judge, to his Chambers at the Na- cogdoches County Courthouse, under cover of a carbon copy of this letter. thank you so very much, in advance, for your kind and gene- I rous assistance ~ith this matter.

Very respectfully, I remain, Your obedient servant,

_JLC/grs cc: Ron. Campbell Cox, II Mr. Gordon R. Simmonds Case Files - 11.07 PDR RECEiVED iN . tOUf\TOF~IMINM. APPEALS APR 22 2015 Abs; Acosta, Clerk XR THE COURT OF CRIMINAL APPEALS OJF' TEXAS DATE: 04~~; ts FILE IN WRIT FILE BY: L/cll- NO. WR-81,430-02

ON APP~ICATION FOR A 91IT OF HABEAS CORPUS CAUSE NO. F1017409 IN THE 145TH DISTRICT COURT FROM NACOGDOCHES COUNTY

AlPJn.ltCAft'S IOTXC! TO TO COOT TO THE MOST HONORABLE MEMBERS OF THE COURT: 111M! Court's Order filed_JanW!lt'y 14~ 2015, ootes that the Program Superri~ sor of the 'fD9 8 s Mail Systemn ~roinators Panel provided the Oourt m~ an af- fidavit attesting that the ApplicaJrit, _Jamarios (~~ton ("Canton"), had mailed a legal item flr@m the Robertson Uirlit on_JaJnwney 17, 2013. The Court determined that further mforomaticn ~ required fer resolviliDg ttlhe issue of tihether Camton had timely filed his Petition for Discretionary Revie'IS (''PDR09 ) . The problems mth detex:mi!Idng the datca em much Canton°s flDR had been placed into the inter-

nal Legal t«ll2ill. Systtm of the Robertson lUnit, is that Canton had root pe:soMlly Riled his l?DJR; rather~ it was mailed by his prochein ami who has beeHn assist- ing Ca11mtcn du-oanghcut lhis postccnviction jp>ll:'oceedings ..

On

LEAVE OF OOORT 'ID FILE A PE'ITITON FOI A miT OF ~S, and 1his PETITION .'ftm A WRIT OF MA.NDAMUS. His petition sought to lhave the ~t order Albel Acosta, the Court's Clerk, to file Canton°s PDR Q:lhat 1Md been timely mailed l!.lli2der !the Prison Mailbox JRunJl.e~ Csmton ~lains in hl.s petitioo that due to extlraordiMey amd exigent cilrCWlSUxteeSp the ilnmate-paralegal assisting hlm mth his postcon-

victlon proceedings, Q)Jrdon R. Si!moo!Ill$, had lM!en in a sitWD:t:ioo ldhere he had

-1- to mil Canton's IDR out in atrn envelope that bore S:i.!mrmnoms' nallD2 in the retum address field of the envelops contailraing ~ PDR; thus, it is SiH!Imonds' IMIIRe

that was entered in the prison's legal Mail Log on the date that Canton's PDR was mailed to the Court of Crd.minal Appeals, and oot Calnton •s. Acccroingly the eoures request for prison officials to cheek the mail legs for "legal or spe- cial mail sent by Applicant dundng the period from. January 1 11 2013, until April 5, 2013, •••• " rill oot bear any fruit. Cantoo has included exhibits with. lhis Petitio1111 for a Writ of MmndamLus he has filed in this Court, which will aid the Ooort in determining Wether canton !had timely filed his PDR, and these are: EXBIBD A: OPINmN OF 1'HE OOUIRT OF APPEALS ON AFFIRMING THE SENTENCE MlJ) S FROM MARCH 17th 10 mE 22oo, 2013. mmui1' IP.:. DECLARATION OF OOJRDl»lli.S~S A1TES'l'ING ro THE EVENI'S AND CIRCUMSTANCES J!WQUmDZG HI~ TO MAIL CAm:ON °S lPOO AS IF IT WERE HIS MAIJl...

To recap and restate: Canton's PEtiTION FOR A mtiT OF MANDAMUS 'WaS Eiled tthis HoOOICable Couct of Oewber 17, 20ll.4, so U: ws filed by the Clerk sometime before

-2- WHEREFORE, P!REMISES OONSIDEWED, Canton respectfully prays that this Court

mll oonsolidstte this instant· pJroCee

Respectfully submitted,

_J.dARIOS L. CANTON, Applicant · bert son. Unit, TDCJ No. 1771951 12071 FM 3522 - Abilene, Texas 79601-8799

CERTIFICATE OF SERVICE I, _Jamarios Lo Canton, '11X;J-DID Nt>. 1771951, being presently :ii!m1:arcerated at the ]Robertson Unit of the Correctional Institutions Division of the Texas Department of Oriminal_Justice, declare ll.mder pemalty of perjucy fdmt tlhle facts and sbltements amntained in this APPLICANT'S NOTICE TO T!BE COURT~ are true and corr~t; and I furtller certify that a true and couect carbl>n copy 't1aS seJLVed on the following individual by regular U.S. Postal Service filt'st class mail, by depositing sama, enclosed in a postpaid and properly addressed envelope; into the prison's internal Legal Mail System under the Prison Mailb:llx IRul~, oo this, the SE.VEN'I'EDml day of APRIL, 2015, addressed to:

Chambers of the Honorable Campbell Cox, II 145th Judicial District Court Nacogdoches County Courthouse, Room 220 101 West Main Street Nacogdoches, Texas 75961

DATED: April 16, 2015 L. CANTON § § I R MA T ! " S DIECLARATXO!N COUIITY OF_.JOIJ!S §

DECLARATION OF GORDON R. S!MMORDS TO THE HONORABLE_JUDGES OF THE COURT OF CRIMINAL APPEALS: My name is Gordollll R. Simmonds, I am o\rer eighteen years of age, of sound mind, capable of mald.ulg this Declaration, and personally acquainted tdth the facts herein stated. · I am an immte confined at the French Robertson Unit of the Correctional Institutions Division, of the Taas Dap.surtzP.Jterrnt of Criminal_Justice, Jl..@cated ;im _Jones Oomty, Teas, near Abilene o I do hereby certify and declare that I have assisted other inmates as a paralegal since 2001, helping them with researclling the L..~ and coort cases relevant to ~ir &etion (criminal and civil); and in preparing and filing papers, petitions, briefs, and motions, in the Federal and State courts.

Jamarios I.e Christopher Camton approached me· in February of 2013, asking that I explaiml to lhd.m the mechanics and procedt~res for pursuing postoonviction relief. The 1\ielfth Oou.urt of Appaals affit'Wl2d Chris 0 conviction and sentence on ~ 20, 2012, making his Petition for Discretionary review (JPDJR) due on or before _·Januaey 19, 2013. Chris filed a timely request for an extension of time f

Cbris 0 PDR was CClllJPleted and deposited into tihe Robertson Unit 8 s Legal Mail System, via the facility 0 s Access to Oourts Program operated by the UJnies Law Library staff, on the TI·lOOY-SEOOND (22nd) day of MARCH, 2013, under the Prison Mailbox Rule established by the Court of Crilllllinal Appeals in its ~

EXHIBIT E bell v. State decision that holds that an inmate's papers are deemed to be filed at the t:im2 they were delivered to prison authorities for mailing to the court, and Nar at the time they were stamped by the clerk of the court. It has been long-established by the courts that an inmate's papers are· deemed to be filed on the date that the inmate had declared that he or she had· deposited the papers into the prison's internal mail system, regardless of the date that the prison's mailroom log shows that the papers were actually mailed out by the mailroom's staff. See Houston v. Lack, 487 U.S. 266, 274, 108 S.Ct. 2379 (1988); Sonnier v. Johnson, 161 F.3d 941 (5th Cir. 1998); Spotville v. Cain, 149 F.3d 374, 378 (5th Cir. 1998}; Richards v. Thaler, No. 11-20803, 2013 WI. 809246 (5th Cir. Mar. 5, 2013); Byrd v. Thaler, 2011 U.S. Dist. LEXIS ~(N.D. Tex. 2011); Ex parte Sinegar, 324 S.W.3d 578, 581 (Tex.Crim.App. 2010). On-is and I met in the Law Library during the 2:30 p.m. to 4:30 p.m. ses- sion on Friday, March 22, 2013, so that·· I could have him sign everyehere that he had to sign; a!Dd hand his PDR over to him in a m:-it envelope I had already pre- pared and addressed so that all he would need to do is affix the proper postage. Altogether, ·I had prepared three envelopes for mailing: (1) the original for the Court of Criminal Appeals; (2) a carbon copy for the District Attomey of Nacog- doches Ooonty; and (3) a carbon copy for the State Prosecuting Attorney. Chris told me, however, that he did oot have MY stamps, and that he had been unable to find anyone who wuld lend him the stamps he needed. Olris was housed in a- Building in medium custody, and medium custody immates are greatly restricted as to how much they are penni tted to spell'id each month at the Oommi.ssary. Chris. did tell me that he had money in his Inmate Trust Fund Account, which would prevent him from mailing his PDR and copies out as an indigent; and that his building ws not scheduled to go to the Commissary until Wednesday, March 27, 2013, which was a date that wuld be much too late. I told Chris that his PDR BAD to· be de- posited into the prison's mailbox 1BAT MY, March 22, 2013, before midnight. So I reassured Chris that he did not need to wrry because I would take the three envelopes with me and take care of everything for him.

I am indigent, and have b!en so for quite some time. I have not been to the Commissary in eleven years (give. or take). I decided to mail Chris' PDR and carbon copies out in envelopes that contained ·MY name and infoDI!Bltion in the~" . I ...

tum address so that I could mail out the three envelopes under MY indigent sta- tus. tJhen I got back to my cell, I addressed three more writ/catalog envelopes, filled out an INDIGENT POSTAGE REQUEST FORM, put everything in mY INDIGENT MAIL

-2- ENVELOPE and deposited it into the prison mailbox on March 22, 2013, around 5:00 p.m. as r lias goind to fthe Mess Hall for supper. '

On 'fuesday night, March 26, 2013, when the mail was being delivered to us ·,I ms given my INDIGENT MAIL ENVELOPE that, I had deposited into the mail on Fri- day, March 22, 2013. The envelope was not anpty, and men I opened it I found to my horror that the contents \'las everything that I had deposited into the pri- , I son mailbox on the preceding Friday. The envelope and its contents had been re- turned to me, in error, unprocessed. When I went to breakfast Wednesday morning I carried the INDIGENT MAIL ENVELOPE with me and once again deposited it into the prison's mailbox to be. picked up by mailrcom staff later that moming, March 27, 2013. I had a Law Library session scheduled for 12:15 p.m. later 'tbmt t-Jednesday, March 27, 2013. When I went there, Officers _Johnny G. Snyder and Shawn M. Elli- son were supervising the session and processing the Indigent Mail. The FDST thing that I wanted to kno'W was 'Whether my three legal mail envelopes (the orig- inal PDR and the two carbon copies) had been processed by them yet. My INDIGENT MAIL ENVELOPE was picked up by Mailroom staff and would h2ve to be sent to the La\':1 Library for processing and postage, then, returned to the Mailroom for fur- ther processing, logging, and turning over to ,the Postal Service. I discussed with Officers Snyder and Ellison the problem regarding my Indigent Envelope be- ing returned to me tmprocessed. The concensus was that it had not been picked up by Mailroom s~ff in the first place, and that it had never left my building at all. 'I told the Officers that it was okay -- that there was no foul -- be- cause all that really mattered was the date on the certificate of service. How- ever, ~s an after note, it was later·leamed that there had been several other inmates in my building who had also had their Indigent Envelopes returned unpro- cessed to them. One of the "New Boot" officers had seen the Indigent Envelopes stacked up on top of the prison mailbox, and the officer, thinking that such t1as not a good idea, took the envelopes and set them in a sheJ!if behind the Security Desk. The officer left at 6:00 a.m., his shift change, and the shi~t coming on ws not informed that they had to be given to the Mailroom staff who would pick up the mail at 8:00 a.m. Monday rooming. The. envelopes sat behind the Security Desk tmtil they were discovered during the day on 'fuesday, March 26, 2013; then, returned to the inmates whose names were on the Indigent Envelopes that night.

I do hereby certify and declare, that from March 22, 2006, to the present date, I have faithfully and accurately maintained Mail logs of my own, in which

-3- I entered the dates on which each and every item I have mailed out ms deposited into the internal mail system of the 'ID9 units to which. I was assigned during, the period relevant to this Declaration. I further. certify and declare that I have maintianed my Mail Logs in the regular course of my assisting other inmates as their paralegal, appointed by them as their agent under the Texas Statutory Power of Attorney Act to act in their behalf. The dates and notes contained in my Mail Logs were entered on or near the date or time indicated, or reasonably soon thereafter, by me, personally. With Chris' PETITION FOR A WRIT OF MANDAMUS he has subnitted as his EXHIBIT c, copies of the front and back covers of the "DATEBOOK" I use as my Mail Record Logs, and the "opened book" pages of the rei- evan~ dates of' March 17th to the 23rd, of 2013, showing the following entry for Friday, March 22, 2013: PDR Co. State 3 LEG FLT - Tex.Cr.App./ADA/Pros.Atty (CANTON) I certify and declare that the copies made of my Mail Log and attached as On-is • EXHIBIT Care true and correct copies of the originals in my possession and that are available for inspection When ordered by the Court. 10 SUMMARIZE: When I deposited

not going ~o be picked up tmtil 8:00 o'clock a.m. Monday, March 25, 201~. Some- time over the weekend, the stack of Indigent Mail Envelopes were removed from a- top the mailbox and set on a shelf behind the Security Desk where they sat tmtil being discovered sometime during the day Tuesday, March 26, 2013, and returned that night after 8:00 p.m. to the inmates to tihom each envelope belonged, rather than each being sent tothe mailroom when· first discovered., My Indigent Mail Envelope containing Chris' PDR and the carbon copies was again deposited into the prison's internal mail system in the early morning hours of Wednesday, March 27, 2013, picked up by Mailroom staff, sent to the Law Library for processing to affix the proper postage to each envelope being mailed, and then taken back to the Mailroom by Law Library staff for final processing and logging. The Offici- al Mail Room Legal Mail log for the Robertson Unit shows that the envelope that contained_Jamarios Le

-4- Library staff until the late~aftemoon of Wednesday, March 27, 2013, too late to be processed and logged;· thus, it sat there until Mailroom staff processed it on the next day, Thursday, March 28, 2013.

I understand fully that any false statements made in this Declaration may subject me to penalties for perjury. Pursuant to Chapter 132 of the Texas Civil Practice and Remedies Code, I declare under. penalty of perjury that the forego- ing statements and declarations are true and correct. EX~CUTED on this, the THIRTEENTH day of APEIL, 2015.

Declarant Further Sayeths Naught,

-5- A·pr111'1, 2015 .Ht.nlotebla. Ab~l Aooet.a, Clerrh C:ot.trt of· Crimitll!il Appeals r .. o,. ,Be:.l 14-JOi ·~ C¢tpitol SU:ttion · Austift, Teas$ i'8711•2lOS . RE: U PART£ .JANARIOS LECRRIST('lPH:ZB CAf*TON Cou.-t o.f 'criminal Appeal·s No. WR·Sl,4J0•02 Tl'ial Court Case t~o •. F•l011409 Deer ~hr • Aeos tau. Bnelosed you will find t.he of!ig!au~l and ooe carbon copy of my NOTIC2 tQ nu: CeURT tbat t ask be p-romptly p:esented to the Court foft 1 ts r:evif!w· .end ccuu~ idera tioill .. Be advill\ed that I h~ve. forvartied a e.a~bon eopy of seune to the hnc.n·.able Cte.mpbell Co:RJ, Di.a t:rie t ~Jud&e, to his Chamb&lre a~ the tha• eo3doclut& County Gout'til()uoo • und·er cover of a earbcn eo·py of th.1e letter!' 1 tba·ak you eo vcu'y mue.b, in advanc~ • for your klnd and &ene"" t't;;us .agss1stance with tb.la &latter.

Ve1ry r:espttetfully- 1 tre~tu.d.n, Your obedient sewvtlnt,

}t.C/gr$ ec; 1klP. ~11 <:oa, U ~~.Conftm n~s~ ~ files • 11.07 . ·.PM• IB TUI COU&T OF CBI~lNAL APf~ 0 f T I I)~ S

GfJ.J[ J J )f A ..'£ n I 1 i

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ft!}ISAI!'S, !PUCI.,J! DIJ!&Bl TO TH£ MOSt HOIORAII.E HEMBill$ OF ta·e COUR1': 1he Coutt'a Ord$r filt'ad_~ _14; 201S, not• t:Mt tll6l Program Supervl~ SOl' of the ~· e Mail System Oco!'dinatoro Panel prevtded the Court vitrth em af• flevtt at.tetDtiaa that. ·the Applicattt, . J~ee L.aMtcm ("Qmton")l bed· maUed a J

l04tal ihftl fr:Oifi the lol)e'"cson tlQlt ® .Ja~ 17, 2013" lhe ~t dfitel'tlintad that further iitfOft'tation ttas J."oqtd;t:fid for nsolving the iesutt of ubetbc Olaton -bsd timely· filed bis PeU.Uora fol' D!~ttooa.rv ftevlw (~n). 'tb$ pnb~ w£tJ\. dote~ dle date on whieb Centoo's ftm bed baen pl4eed 1nto che inter• nal LfJ&Gl Mall Syllltem of the 'ftcl.taQOil Unit, is c.hllt Omt.cm ·bad not -~1ly rseU.ed his Kit; l'ether, it wu milfld by hie ~ln em! dlo OOG ~. af.dst•

in$ Glntom ~out his pcaatcOJ\vt.ctf.QI) pteeeedift$4J·• OS) ~lObe~' 11; 2014_, Ceat.cn sUt~nlttG.id to tb:te ~t tau ~ aEQUUruu; . trAVI Off CXJrt • PILE A PEllTICS FOil A v.ttrt OF ~~~, ~ bis Pf:l'lTIQ,f: .~oR· A tmtr Of~. His petition Scught to he.,_ tt• Cmnrt O'rdc Abel Acosta, the Court'• Cl~k, to file etmtcm•s PD! that hwJ· been u-ty adle.d, under the htson Ma11bo1£. flu1tJ. ~ton e.,JaiM tn bU pattt.foa that dUfi to e%tnct:d~

afld uig.GI)t ~~. th\t il'lll¥lte~l MtilsU.• bim With his poateon"" vletlfm ~ings,_ Cold«m R. Siumcmds, bid been. to a eituatd.on whe1ra he bad r ;~ ,,

to me11 Camton'e fOI out to an envelope that bon S~s' ~ Sn the ~turm ' • I ' ' '

addl'ass field of the ..velope et.Wite1m~~ tile. PSaf ilms, it ie s~· l'tlmS

that :wa entell'£4 in the pd.aon 'a t.e&al Mail log _on the date that ClmtOD's ~ - . mad•.led to tbe Court c:tf Crt~! AppealG, lid not C'.anton°e. ~naly tlu.\ oau.-t•a r~t for ~lsen of'f!.c.Uila to check the 111ft11 1Q~e foe "'"le~ _. ~ olol mall G.nt by AppU.cumt durittg U\\t PH'i.od fl'CID .+1A.'mUU'f 1., 201l, wttl April S, 2013 •• ..,. *' tdll not bur any Uutt. Cectoft has iftcluded exhibits tdt.h hl.e htit1on for a Wttt of~ he · bl4e ftted itt this ~t, Web will &td the Couwt 1fi del~-tli •~ Qmtfm

had timely f1l$d hie Pm't, - tr.es& ""' !ltllllt'i' Ar CPitUON OF '1'8! murt OF A'PPF.M.S ON AWIBMDG 'J1I8 ~-- AWO . . OliVICllON lN THi D!B!:Cr APfF.Al. tlfiDmLYING TillS PmTI()ft, mtD181T Bt OFVICIAL laflt' ~ 1ll! COOtn'R OF CJUMI.fJAL APPIALS ~ . . . RELA'roi M DmiSION or··ttW fOi FILING HIS PlTITit'm. DIDl1'

befora ~tobet' Jlj . 20lta.. Cmit«ll lftaEJ bcKm UMble tG l~te the poetald· fntm tha Ccturt I!Ot1fy1ng ·him tbaa .it bed belen raceiftd and filed. He also ~ a copy of ~petition on Sletl &th11heb, tt•e Covrt'$ Qmeral \AM.110l, ad Nk.ole toatr4leQ0 1 District Attc:tlmey fu ~e ~ty .. 1t1e petit#.cm end its a.• h1blts ¢1early state tb.e faets ii.\n4 d~ta\1C.@s sun:ounding the· ~1)' wdllr»g ,. of Cantcn•e m, end he adopts ,the PE'l'tTION f!01t A WIT OF MANOA.\l'IS, art<11ts i!X• HDit'S, by nf~ &nd 1~ the 1m'$ aa if they had been pled. ~ pemJ.t• ted: by Rule 9.7 of the 'reus Rules: of /bppOllot~ Pr:~. 1\l.tema.tiwly, Can• ton baa attao~ a copy of ~be- D!CLAP..ATIOfil OF aomlON I. SUitlNDS to c:h!e KOf!CI H I$ DilfUT.

{, _; .~· .. ·; . : :if"•.:.' ..... . ~,, fROOSES ~:Wl«UW, OmtGin respeatfW.ly pays that thlo Q)urt. will consolidate tllle init_,t pyccet!dif!$ BI.K'lk1na a wit of ~ COI.TJU$, with hU origWJ. Pf:C!.IC.Oill& setJ&1na a wit of und~ ·tiaat - . f.lled $Oflla U. be• ··. tweea C.tebel:- 17• 2014-erul ~r 14, a'Jl4i ~ tlult the Oaw;t. can ea..tme and COh&i4~¥' the ~1b1ts filtll.d vt.tb the p$tlt.!OD for o wt1t: ot ~ so tb:tlt a tair: and .just de~UOP may ·b£; ~. · ·

CIITIFICATB OF SIIVIBB .· It ..~los L. Canton, Tl.lg.J-i>IU No. 1171951, be1118 pltesatly ~rated et tbe -~-~ Un1t ·of the 'Con4Cticmal lnatituti.Ons DiVitJi.on of tho T~•· ·~~' of Cd.rd.nal ,.Justke, 6aelct:et under penalty of ptn'jm;y tl~at the fe.(.U ~ •ta~&a eontetfl«1 in tt:tu .A.I'PttCANf'S t«nlCE ·to 1'1! ~. ue true eftd· ~f)etJ and I fur~ eeJ,"Ufy t,b&t a tnUt and ·con'ec.t ~ben copy watJ .M~ • the· foll~ indiVidual by ~lei" u.s. Pos~1 Scillvteut fint otaee maU, by ~ltittg same, $1Clooed in a postpaid and ~ly ~~ uwel•, into tl'dii prtacm•e 1ntema1 Ieael Mall Syst• undet' the Pr-ison Haillxm !ule, otl this, the -SIV~ ckly of APBIL, 201S, ~~tid to:

Cb$1!ibers of tbe Honorable C&JDt>k11 'Cox, tl 14.Stb Juc:ltc.lal D1at~lct CoQt't tia~og4ocme·f$ ~unty Cou~:tbouse; Rooa 220 UU. West Ma-in St1tee.t · Nooadoel\as, Texae· 7Stit

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·P.!!Y.itli!!!!'-~Y•. FPJ..~~ 11.~. saoaqs TO ftll HONORA&t!~JUOOBS Of THI COURT OF CRIMliAt. APP~At.St My· MliO 1o Gordon a. St~, I am owr ei&hteen yean of ap, of soun4 mtfid, ~pable of •tdna thf.s Daclaration 1 ami ~soually -.quab.. t4th the tau hel-ein cgteted. I am oo ~te Confined at tJle. h'cmc:h iobe~tson Unit of t:)u, Conec.tionsl InetitutiOilB Di'rieion, of tl1e Te~ Department of Crituinal .•JU&Uce., located 1m }Qnee Colmty, T~~, OO.'IIr Abilene. 1 do hera'by ~tify am! deelate that .I ·have Uflbted ether inmates as a parel.,.l shtce 2001, helpitlg them vith reseai'ChiOS ·the law~~· cases nlevant Ut their oeticm (cri611ni\1 end civ11); aNI 1n preparing end filini pQpen, peti.c.i.Ol'W, Ot'"ieft, Md· motiemt, tu the ~Ill elld Sti!te ~t;a • .....fomerios te

appllcultlon tor a urlt of habeas~~ a~ther petition to th$ ~· ·~t ·of the United. Statt!SJ them th$ AEOPA 1 tollift& (etetutol:y and eqtaitabl•);ard of fiUcg a federal pet1t1oa·undet' 21 u.s.c. Seet!011 a254i tmd all of· ~bit ~ dura .and burd~ we ~ faee t~t tbet maee of the federal syewm. So~ Chr1m asted mat I assJ.et him witb his -U:ttaatton ..._ end t 4.Sl"eed to ect as his ag,ent. atris' ·lUt was coapleted et'4 deposited imt.o the ltobturtan Unit•$ J..e.&ai l!iall Syetft't., via thttl facility's - . o to Cwrta hosrem •ra~ by tt. lmlt's Lev UbrUJ $taff, em ·the '1\mN'rf•SECX»m (22rd) day of JNUtal, 2013, ~ tl» h"lscn Natlbot~t. Rule es~abUShed by the Ciowft of Grildrttal .Appeals k\ its ~ ., .

hl&l JW .ita&i t!ec.isA..ort dl.at boldP that en i~mt(.} • G [iaperu an deemed to be filed at ttm. time they were. deU.wl\'ed to prison e~thoritles ff)r maillt'lg to· the COUI't, aoo wr at Che time they ~e a~·:by 'the olerk. of the court. It has ·been l.oo&•eetablitbed 1>)1 thO. ~u ~t en in1lilltlte•s· pagers an deamed to be filed em . :~~:~~: . . . the date that the lmlatf.l~iied declared tbat bt or· she had depoel~ tb1l fllap&\'s • .·1'"

~to the prleon•s intum&l., maU system, rugardlesa of tho date that the prison's ~lreom los shO\Ss that the ~pers wre actually mailed_ out 'by the meUI'OCIJB'e Otaff. Jilt tgtpp Yt yP&\ 1 487 U.S, 266t 274, 108 S.Ct. 2Jn (1988}J §!N)ia.& X• Jsbllf!'4b 161 F.Jd 941 (Sth Cirr. 1993); ~B!tv&U!, v .• CA!A, 149 F.ld 374, 378 ($th CU. 1998)1 )l?:Shs;nle, Y.· 'lhs!St No. U-.2000.3, 201l ta 809246 (Sth Ci:r. Mar. S, 201l); ,BY!!'$) t• Thele;-,. 2011 U.S. Di.st. t.Dl$ (;480 (N .• n. Tex. 201'1)& !!..IBM §!l'lG~f!tr, 324 S'.r~ .. )ct .579, 581 (Tex. Crlm. App .. 2010). Y for We State Pr.US4CUtin& .. Attm'M)'• OnriJJ told me, howevc, that ha did not hav4! liN stamps, mtd- that.· he ruad be•· unable to firrd mayCilne wbo t&-oul~ l~nd him tbe stGps be iteeded. 0\ris 'lliU ~d 1m 8• Buildin& in ..Uunt cwetody, · ~ medium wstod)' tree us, •n et:eaU.y nsta-1¢ted • to bN ;QIUC.h they ere permitted to spend eaeh motsth at the CcaW.sliOtf.. Chl'le did tell • tl1at he h«l mcmca~ J.o hie I~tte Tnwt Fund AccioWlt, which vmul4. pnveot hi$ fll"om mdlf.n& his ma and copies out as at' lndi~mc.; and' tb6t his bui141Qa wae Mt ~led to rP to the Oomismary ·until Wednesday, March 27, 2013, t.Jhlch was a dDt$ that vault! be .cJ'I; too late. l told Chris that Me '1'01 161 to be de• Jl08lted into th4l! ·Pl"ison's mailbo~ 1ftA! BtYt Mat$h 22, 2013• bef~ mldlli&bt~ So /

I nusured

on ~Y ni&ht, March 261 2013, uhen;._the mail-s bein& daU.vered to us 1 •• &1,_ -.r ootamr MAtt trSVELOPI that 1 bad deposited into the am11 on trri• day, ~ 22, 201.1. ~ envelopa t~ae •~t ~ty, and Whelm 1 opened 1t 1 t'OUI.'Jd to my boner d-.at the ecmtenta was everythin.s that I had depo$ited into the pr1• eon mtlilbtta en the ~1\i Friday. 'Dte envelope ana tta contents bad been re• . turned to me 11 in enor, unp£'0C..Used. mten I went. to breakfast ~Y aomin& I cwrried the INDIGENT MAIL ~E with me m:ld onc:.e a&&1n deposited it ittto the pri$0£) 0 & ll!a\U.oo" to be. vtel«ecl up by rrail.l'oGtt aWf later that lllOrnitt.t, 'Nard:~ 2i, 2013. :t bad a Law l.ibra~:y seeslen ee.baduled for UdS P•llh leter that Wedf.tes&ly 1 . ~ 21, 2013. Uh~.n I \&!eDt thue. Offlc.ant .Johnny G. Snyder and Sb.wn M. tnli• son V4Ure supervising ·die tessiofi aJld ~u$1n& the IncU~;ent Ma:U. 'nh't Fl!ft tld.ns t'Ytt ! wanted to lmow wu wl:tether my ~ legal mail anvelo~ (the ori&• inal. POl and· the biO ~arbon copi.es) had biten. proe.mteed by ~ ~t· M)t ttmicsrr . t-iAiL f!W!tQJi waa piclmd tip by Mailroom iJtaff and W'OUld have to be sent to the taw Ulllrtnry for ~sins; and pcst.•ge, then, nt~ed to the Mat~ for fur• ·t~uar prooe$Slf18• logging, and tuming GV!it' to tl1e Postal SerVice. I discusst.~ vith Officws Snyd~~ ar:~d .E1Usoo tljt.e probl&til n&ar<:lin& my i:ndigent !mtele5~ be... b~ r"utmMI to ma •.mrmoeused. The et.ml:l.ensus was that it ha

at all. t. •w up by ~ilrocm Gt4ilff in the first place, end d1at it had never left my building the Of'licet~ that it v• ot•y - tt"tat tl~re wa.e M foul ...... ba- caU~e all that l'e&llly matter.. W~A$ the datti on tbe eertiftOQ'te of sel'V1ce. bl• eWl!', al& an after ttota, U: was !&tar leamed th$t tl".e.fe bad ~n f!UliVeir.ral other i.mtlatc!m in ff11 building who had also lrad the.i~. Indi.pnt ll'.nvelopos n-wmed utlpro• c.tu!IS$d to them. &e of the ~ew &lct11 officers had uen the lndiaoat inveloPu staCked up on top of t};Q pr~e~on mai.lbox, &'ld the offteev • th1nk.in& t.n.t e®h was ·~t a aood Wtra., took tb1li e~el~s ~md s~t ~~ in a slicdf b¢b1nr.i tho ~it.y Duk. '!"he off1c.et 10ft ~t 6t00 a.m., b1s sh1f~ chru1,~tt, Ktd t.~ sldf,t~ina on w's t.10l :tut'ormed t~t they had to be. atwn w ~e Ma1lrocm staff who would. pick up ·the Bleil at '1&00 a.m. ~May !DQrn1n&• "nle el'MiU~s t:lat behteld tbe S.-.reity l'>E$k wt1.1 tileJ W'flt. diBcfA?Iiftd durirJ& cl.e d&y • ~uy, March 26. 201li t:be:c, ~retum'ad to th~ inmates \.M~ t'~S w.are on the !roigGnt if.4Tv''<:;lopu that mtght •

.I do hereby certify and deelare, that from Jiiar.d\ 22~2006 5 to th6 p:ra. .t dfJ$.e, 1 !tave faithfully and eccur&t!lily ~intained Mail "''a of my ewo, in whicb. l ateted the dates on ubidl oadl. 4Wd evuy item I . , . maUGd out vas ~ted blto the 1nterual .-11 eyst.em of th0 -.rDgl units to i.'bich I ••. sniped dw:irt: tit& potiCcl telew~nt to ~ ~lmtaticn.. I further .~tUy and dee-lara that t have· uaifttianed my Ma11 togS in the rct&ulor cou~e· ~f. my assistiu& oth~:t ~tes as theu pal"&le&Sl• awolotfid by them e their· eaerit ~ the Texas ·Statutory . 1~ · of .1\lto\"nQ)' Ac~ to act in their ~lf • :·. ·The· dateS and notes ocmtah'wd 1ft ~ ~11 Logs were em~ on or ttear the date cnr time tndieeted, or ~ly soor• thereafter, by me, pet·~Uy. With Chr'ls' PUITION roR A t'IJ!IT M t:W1~l!US he tjlls wbmttted lilr& his maett C; copies of the front aod baet -~,N of the t'Ml'EBOOf(~.r I use as my t4ail ~ro l.o&4 ~ IU'ld the noper.ed book'• paaes .of the wl• e~.s·t datu of Mat'Ch tith to th.il 23rd, of 2013, shwina the follw1a,s entry far id.day, ·~d.l 22 • 201~h POl Co. State l LEU 'ltt:r • Tex.Cr.App .. /ADA/PrC'Js.Atty (CANTOI) I certify .ond declara that. tl~ eop:t.~s mfide of m.y ~..ail Lo& $nd at.tadl~ as ~a • ltmlBit C aye. true and c.orrec.t c.op1em of the orlg,inale :bt my po$soosioo ~· that are 3VLd.J.abte for inspeQUctt wl'.!en ordered t.y the Glu'!'t. m SlJfj~l~: ~ ! deposited Chris's ?OR into .the prlscm*s Jnteroal le• ~·1 ~tail System at 5:00 o'e.loek in c;.~ ~fternQoo of ~Jard.1 22, 2013, M41iUr~ • · ploy~ bat! ulrrwdy b:i:w 'h>l ~nd picked up the mr:Ul for that day, 41 P'r!d~)·$ thus, the 'hld~nt. Nail. env~lopsa a~c.~ an wp of the wilOOa, oo~e Qf ~ Uiail- box. bdn.% too 6inall for: the En\;,.elcpes ·e,o ~ d.topped J:rtto the. mailbox its;al.f • viU :not aoing tC. l;;(i pie~ up until $'00 o'c.tock ~.m. ~~y. Mart.b 25, 2013~ Scs.e• t~ w~ d'le ~c::ikand, tOO 2tack of J;nd:t.iJ,(\lnt ~l Ulv'talc~ ~l::CA ~ved fron'i a .. · tor; thfit mailbox ar.d set. on a sh111lf' bat"J,t~ the $6)Curity OQa&;. btiere tl'JGY sat ~til hi:i~ cU.f..\t.Oiiet-ed 1$m!~timc during tha oa.y 1.'\.2e$d4ily, ifa1rah 2G, 2013~ .~nlG ~llJtJ/~ed ,;;.. I

t.hat niaht aftut' SsCO p.m. to t'l'l~ i.nmate$ w t.ii~G!U ench ~elo-pe ·bal.ur1i.at ~Onlt8J.\'led ..Jafllari0fll 1£tl:'tiSir.QPhet' C!lUtOfl'S ·mm ,q,a;, "logg~H tl2 bf;l!llg nmailedt't OUt on ~h 23, 201.3. '!be aut•aci~ rr~~u vas t'Dt tatum back t.o t.Ml Mn.UrQQm by lAw

.'. .'./ ~-.'.-) :~~. i~ ' ·. "•/ ' ..' '' ~ _,;.• lat~·~tt~t'fiOOn af Wecl~y, f'.a1reb 27, 41013, tQO late tc Library sta.ff .unU.l thtt be proees.Hd tmd .1~; t.hus, 1t E!il~ ~e until t•1ailroom st4ff pl'QC'.eseed it on · the neat day,. UlUreday • 'March 23, lOll. l li.tllderstatld fully that amy false stat~t' made in this »eclara.ti.tm •Y subjKt me to penalties for ~tJury• Fur,.U&flt to ~ter 1.'32 of the TeM$ Civ:i.l f~ac:.U~ and R~tt.ed1es Cooe. I deel~ tJnder penalty of perjury that the fOW$0* !t!l& stataraents· ami d(1C.bn:atf.ens ere true afld correct.

;~.TX<:O'fti:O or. thi!i, th~ 1~aiRTfiEtlTU day of A,~n.. 201S ..