Eric Drake v. Seana Willing

Opinion

CAUSE NO: 13-14-00665-CV

J? ERIC DRAKE THIRD COURT OF APPEALS § Appellant § § March 2, 2015 VS § § KASTL LAW P.C. ET AL § AUSTIN TEXAS

Defendants

APPELLANTS* MOTION TO TRANSFER TO received^ IMPROPER COUNTY AND CHANGE OF VENUE MAR 02 2015 JWRocowa-oFAppois TO HONORABLE SAID JUDGE:

COMES NOW, Appellant, Eric Drake and respectfully request that

the above cause of action is transferred to an improper country or venue in

the interest ofjustice and impartiality.

1. Appellant Eric Drake believes that this Court has been unfair

and hostile toward him. He respectfully requests to have the above cause of

action transferred to the Twelve Court of Appeals if none of those justices

are past attorney generals, or are relatives of Scot Graydon, or relatives to

any of the defendants in the above suit.

2. The Appellant is filing this motion to transfer after experiencing

wrongful, bias, and perjured actions of this Court and the possibility of

APPELLANT'S MOTION TO TRANSFER TO IMPROPER COUNTY/VENUE PAGE 1

/ local prejudiced because of the people involved are influential in the

^ juridical community in Travis County, Texas. 3. Appellant requests a hearing on his motion to transfer. He

believes that any nonbiased and impartial appellate court would agree with his legal opinion in his original brief—yet, Appellant does not believe that

this Court would rule impartiality when a assistant attorney general is being accused of committing a felony offense. It is Appellant's opinion that this Court will possibly try and assist Scot Graydon, rather than justly rule onthe above cause and punish him for his outlandish but intentional unethical and

criminal behavior.

4. Appellees cannot claim that there would be any hardships to have the above caused transferred to another court of appeals. There are no witnesses to testify in this case, and an appellate court may not even allow oral arguments. The balance to "justice" out weighs leaving the above matter

in this Court, which have shown bias towards Drake. Moreover, there is the

possibility that Graydon would be given special treatment by this Court

because he is an assistant attorney general by those who have worked with

this state agency (AGO) before who are justices in this Court. Thus, the

transfer that the Appellant is seeking would not impose any hardship or

APPELLANT'S MOTION TO TRANSFER TO IMPROPER COUNTY/VENUE PAGE 2 injustices on any other party. CPRC 15.002(b)(3). However, transferring the

V above cause would at least give the average person the feeling that the

Appellant's brief would be adjudicated fairly. The Appellant is requesting

this Court to transfer the above cause to a venue that is not a County of

proper venue for justice and for Drake to obtain possibility a fair and

impartial judgment and hearing. CPRC §15.002(b).

5. A party should file a motion for change of venue normally with

its answer or as soon as it is apparent that change of venue is necessary.

Appellant therefore asks that the above cause of action is transferred before

the Court has had an opportunity to review his brief. CPRC 15.002(b).

However, maintaining this appeal in this Court, with even an appearance of

prejudice and biasness toward the Appellant is justifiable reasons to transfer.

6. In closing, being that Appellant will be filing a federal lawsuit

where he will name justices of this Court, as well as several other employees

of this Court, it would be better if the above cause is transferred as pled herein. For these reasons, Appellant Eric Drake respectfully requests that the

Court transfer the above cause from its venue (Travis County) to the Twelve

Appeals Court in Texas before making any other rulings or decisions in the

above cause. Appellant requests a hearing on his motion to transfer.

APPELLANT'S MOTION TO TRANSFER TO IMPROPER COUNTY/VENUE PAGE 3 Respectfully submitted,

EfTc Drake Pro-Se P.O. Box 833688 Richardson, Texas 75083 214-477-9288

CERTIFCATION OF CONFERENCE

Plaintiff, Eric Drake attempted to conference with Kristina Kastl of Kastl Law Firm by she has repeatedly refused to conference with the Plaintiff. After the third requests, Plaintiff submits this motion to the Court for its determination. Plaintiff also attempted to conference with Scot Graydon, (the unethical assistant attorney general who perjured himself before the trial court on August 19, 2014), but Mr. Graydon has repeatedly refused likewise to conference with the Plaintiff. David Harris, is representing a judge in Dallas County, but it would appear that Mr. Harris is no longer an assistant attorney general—at least from the information Plaintiff received. Frank Waite has repeatedly conference with the Plaintiff and has repeatedly said that he has no objections in the Plaintiffs filing, although the Appellant as he has not been able to reach Mr. Waite by telephone after repeated attempts. The Dallas District Attorneys office was closed a few days because of the weather. Therefore the Appellant files this motion with the Court for its ruling and decisions.

Eric Drake

APPELLANT'S MOTION TO TRANSFER TO IMPROPER COUNTY/VENUE PAGE 4 CERTIFICATE OF SERVICE

I hereby certify that on March 2, 2015, I served the foregoing "MOTION TO TRANSFER," by causing one paper copy Hand Delivered to the Clerk of the Court of the Travis County Clerk of Court in Austin, and a copy forwarded to all other parties or defendants through their legal counsel by U.S. Mail that are named herein.

Scot Graydon 300 West 15th Street, Ste 2 Austin, Texas 78701 512-475-4413

David Harris 300 West 15th Street, Ste 2 Austin, Texas 78701 Telephone: 512-475-4413

Kastl Law P.C. 4144 N. Central Expressway Ste 300, Dallas, Texas 75204 Telephone: 214-821-0230

Vikki Ogden 411 Elm Street, Ste 500 Dallas, Texas 75202 Telephone: 214-653-7568

-^Eric Drake

APPELLANT'S MOTION TO TRANSFER TO IMPROPER COUNTY/VENUE PAGE 5