Dixon, Gernorris Wayne

• Court: Texas Supreme Court
• Decided: January 22, 2015
• Docket: WR-68,291-07
• Status: Published

Opinion

':Louise Pearson Clerk eourt of Criminal Appeals of Texas P.O, Box 12308 Capitol stF.J.tion Austin;Texas 78711 (1-8-2015)

Fr: Gernorris Wayne Dixon #1037159 eonnally Unit 899 fm 632 Kenedy,Texas 78119

To: Clerk Louise Pearson,

Please file my leave to file a writ of mandamus with

~ttach~6ne exhibit and motion to file less copies eith order

attach. Thank you in this matter.

Sincerly Submitted

-rilzMoyA_,J~~

. RECEIVED IN COURT OF CRIMINAL APPEALS JAN 2 2 2015

Abel Acosta. Clerk Case No.

Gernorris Dixon § In The Honorable

Relator § C0•.1rt of Appeals

§ Austin,Texas

.tt~.!i.£>_~--t_~-~!.!.~J_e_~-~--_cE_~es__1?E~~-[ Honorable court of Austin Tex~s.

Comes now relator pro,se Gernorris Dixon who is a true

torma papauris who is too poor to file the additional copies

thats needed.

Prayer

Relator prays that this motion to file less copies be granted

Certificate of Service

On 1-8-2015 this motin was sent from the connally unit by mail.

· Sin::Lerl. Submi1e ., .l . / /? /,. .Jf..u#..~--- -·~/!: ____ _ . . 1/

1..!2.0-2015 ! Case No. ·--···---.,-· Gernorris Dixon § In The Honorable Relator § Court of appeals § Austin,Texas

On this day of 2015 said motion was heard and is here by,

b Granted or ODenied

Presiding Justices Court of Criminal Appeals of Aus tinli •. Texas

Petitioner leave to file a writ of mandamus

Gernorris Waye Dixon vs The State of Texas Trial case No: 9951

Honorabl.e Judge Dan Mike Bird Trail Court Wilbarger 46th Judicial Wilbargei county 5 Texas

Pro Se Petitioner Address: _______t..:::_: ___· · · - - - - - - - - - - - - - - - · - - · · · - - · - ·

Gernorris W. Dixon #1037159 Connally Unit 899 fm 632 Kenecly 5 TX 78119 Table Of Contents

Oral Argument 3

Table of Cases 4A

Statement of the Case 4B Statement of facts 5 Issue P!-esented 6

Prayer 7 ·--·----·-- Certificate of Service 7 Exhibit 1 Attach -·-.g

2 Oral Argument

Or~l argument waived.

3 Table Of Cases

In Relong 984 S.W. 2d 623 (tex.1999) 6

Arlington Memorial Hospital (• 6 Foundation In~. v. Barton 952 S~W. 2d (Tex APP. Fort Worth 1997)

4A Statment of the case

On July 27,2014 pitioner sent the district clerk Ms.Brenda Peterson

of Wilbarger county Texas an ex parte motion which was recieved

an ,filed July 30,2014. (Please see exhibit 1 attached.) The ex

parte motion was addressed to the trail case W~lbarger 9951 in

the 46th Judicial court of wilbarger county texas. In the Honorable

Dan Mike Bird Judge of said court. The ex parte motion was addressed

its content .. (A)Official Oppression. (B)Abuse of office. (C)

Aggravated Perjury. (D) Criminal Conspiracy. (E)Ab~s~ of official

capacity. It clearly shows that the Honorable Judge has abused

its discretion on not ruling on the motion in a timely ~atter

of (30) days. The court has jurisdiction to hear this petition

under texas constitution ~rtical five section nine.

\ Statment of facts

The facts clearl~ sh~w that with exhibit 1 that petitioner timely

filed an ex parte motion on July 27,2014 an was filed by the

district clerk on july 30,2014 and the Honorable judge in his

mintrial duty has not made a r~ling in a timely motion which

is an abuse of discretion. }:_s_s u_~_R"E.~-~~-n t -~~ the trial Judge abused its discretion for not ruleing on petitioner

timely filed motion which is an mistrail duty to rule on a motion

within the (30) day periond.

Standard

WRIT OF MANDAMUS

In the case: Relong 984 S.W. 2d 623 (tex.1999)

Mandamus will issue only if a court~ has clearly abused its discretion

and the aggrieved party has no adequate remedy by appeal.

Also see case: arlington Memorial Hospital Foundation INC. V

Barton 952 S.W~ 2d 927 (Tex APPr Fort Worth 1997)

With the·staement of the case and the statement of the facts

with attached exhibit 1 clearly shows that petitioner filed or

sent his ex parte motion to the district clerk of Wilbarger

county and the judge has not made an mistrial duty to rule on

a timely filed motion within (30) days which is an abused of

discretion.

6 Petitioner prays for any relief deem just.

Certificat~:of:Sefvtc~

On the1Gth ~ay of January I semt this leave to file writ of mandamus

to the clerk of court criminal appeals in Austin,Texas from the

connally unit 899 fm 532 Kenedy,Texas by mail.

7 Exhibit 1 attache~:

(1) Letter showing the date the clerk recieved ex part~ letter

on Nov. 24 2014. Inquiring about a motion that was filed in Wilbarger

county court house on July 30,2014. And yet the motion has not

been answered an its been 6 months.

(~) Ti1e I -~~Lfi:.~(_{__2G- ttl aayo f~t o'cl.f£'t·b ~rn fl.: L{ > ~:.:....___=--=--­ - C!erk Dist ccurt \\lllbarger Co.