15-25-00118-CV
BECKY MOORE 52ND JUDICIAL DISTRICT CLERK P.O. BOX4 FILED IN 15th COURT OF APPEALS GATESVILLE, TEXAS 76528 AUSTIN, TEXAS PHONE 254-865-591 l FAX 254-865-5064 7/2/2025 11:56:23 AM DATE: 06/26/2025 CHRISTOPHER A. PRINE Clerk RE: JAMES BRICKLEY, PLAINTIFF, V. NICHOLAS WALTON, DEFENDANT
CAUSE# DC-24-55842
DATE JUDGMENT SIGNED: 06/10/2025
NOTICE OF APPEAL FILED: 06/26/2025
Ordinary Appeal
DAYS EVENT
0 JUDGMENT SIGNED
30 FILE WRITTEN NOTICE OF APPEAL
60 FILE CLERK'S RECORD AND REPORTER'S RECORD WITH COURT OF APPEALS
I have received a copy of the appeal filed in the above styled and numbered case. DATE JAMES BRICKLEY. PRO SE SENT: 07/02/2025 -MAILED Plaintiff's Attorney TRACY L. IRVIN, CSR DATE: 07/02/2025 - EMAILED Official Court Reporter 440th District Court DANA DELEON DATE: 07/02/2025 - EMAILED Court Coordinator for 440th District Court
5 CAUSE NO. DC-24-55842
JAMES BRICKLEY V. NICHOLAS WALTON
IN THE 440™ DISTRICT COURT
OF CORYELLCOUNTY,TEXAS
Date of Judgment or Other Order Appealed From: JUNE 10, 2025
Name of Trial Court Judge: Honorable Judge GRANT KINSEY
· Name of Court Reporter: TRACY IRVIN
· Name & Address of Defense Attorney on Appeal:
JAMES BRICKLEY- PRO SE 3201 FM929 GATESVILLE, TEXAS 76597
Name & Address of Attorney(s) for the RESPONDENT on Appeal:
JACOBI I PONS ASST. ATTORNEY GENERAL LAW ENFORCEMENT DEFENSE DIVISION PO BOX 12548, CAPITOL STATION AUSTIN, TEXAS 78111
Becky Moore District Clerk
Deputy
3 CAUSE NO. DC-24-55842 JAMES BRICKLEY, IN THE DISTRICT COURT OF Plaintiff § v. CORYELL COUNTY, TEXAS § NICHOLAS WALTON, Defendant § 440th JUDICIAL DISTRICT
PLAINTIFF'S NOTICE OF APPEAL 1. Plaintiff, James Brickley desires to appeal from the order to dismiss pursuant to defendant's plea to jurisdiction, signed by~ the judge on June 10,2025. 2. Plaintiff recieved the Court's order to dismiss on June 18th, 2025 and subsequently submitted a request for findings of fact ~nd conclusions of law on June 18,2025. 3. Plaintiff Appeals to the Fifteenth Court of Appeals.
submitted,
JAMES BRICKLEY 3201 FM 929 GATESVILLE, TEXAS 76597
CERTIFICATE OF SERVICE I James Brickley, hereby certify that a true and correct copy of the foregoing notice was sent to the attorney for the defendant at the designated address by way of, forwarding the same to my agent with express instruction to send to the- attorney of record via certified mail,RRR. Executed on this 1~th'day of June,2025 .
Flied .....~~ ·c::..--::::;;a-,:;;79 Juvte 2JJD WCb~~~ J S BRICKLEY
JUN 26 2025 al~tsv¥1tt; TEXAS 76597
7~u~'"'- 4 DISTRICT C:i :=t?v 1 CAUSE NO. DC-24-55842
JAl.'1ES BRICKLEY, § IN THE DISTRICT COURT OF Plaintiff, § § v. § CORYELL COUNTY, TEXAS § NICHOLAS WALTON, § Defendant. § 440TH JUDICIAL DISTRICT
ORDER
On this day the Court considered defendant Nicholas Walton's Plea to the Jurisdiction.
Having considered the motion and arguments of the parties, the Court is of the opinion that the
motion should in all things be GRANTED. The Court finds thatit lacks subject-matter jurisdiction
over plaintiff James Brickley's claims pursuant to the.Texas Penal Code. The Court also fmds that
this is an incurable defect for which leave to amend is futile. It is therefore:
ORDERED that defendant. Walton's motion is GRANTED. It is further
ORDERED that plaintiffBrickley's claims against defendant Walton are DISMISSED
with prejudice; -==•< Signed'this _.If.. day of o{~ , 2025.
FllJd 1r.~ELL;ffi : o'cio JUM 11 2025 ~W'(~ DISTRICT CLERK
6 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing ·certificates of service have not changed. Filers must still provide a certificate of service· that ~om plies with all applicable rules.
Gloriana Ojeda on behalf of Jacob Pons Bar No. 24139435 gloriana.ojeda@oag.texas.gov Envelope ID: 100231302 Filing Code Description: Motion (No Fee) Filing Description: 20250429_Ds PTJ Status as of 4/30/202S 8:04 AM CST
Associated Case Party: Nicholas Walton
Name BarNumber Email TimestampSubmitted Status
Bridney Mcfield britney.mcfield@oag.texas.gov 4/29/2025 3:22:29 PM SENT .Jacob Pons 24139435 jacob.pons@oag.texas.gov 4/29/2025 3:22:29 PM SENT
Case Contacts
Gloriana Ojeda gloriana.ojeda@oag.texas.gov 4/29/2025 3:22:29 PM SENT ·.
7 CAUSE NO. DC-24-55842 JAMES BRICKLEY, IN THE DISTRICT COURT OF Plaintiff, § v. CORYELL COUNTY, TEXAS NICHOLAS WALTON, Defendant. § 440th JUDICIAL DISTRICT
PLAINTIFF'S REQEUST FOR FINDINGS OF FACT & CONCLUSIONS OF LAW Plaintiff, James Brickley, asks the Court to file the finrlings of fact and conclusions of law. INTRODUCTION 1. Plaintiff, James Brickley, sued defendant, Nicholas Walton for theft and violation of Brickley's inmate civil rights for his ph-rf·'.~.inf-the theft of Brickley' s legal materials which affected the outcome of his parental rights case. Mr. Walton was sued in~ his individual capacity, where he made no claim of immunity from suit;!here were no hearings on the facts of the case; and the case was dismissed with prejudice. 2. The Court signed an order dismissing the case with prejudice on June 10th,2025, filed June 11th,2025. REQUEST 3. Plaintiff asks the Court to file findings of fact and conclusi- ons of law and require the court clerk to mail copies to all parties, as required by Texas Rule of Civil Procedure 297. 4. Plaintiff files this request within 202days after the Court signed judgment or order. Tex.R.Civ.P. 295.
ully submitted, J:J:£vt<:>w.s Fll$d CORYELL COUN:rY .J,01.Ctlo'clook~
JUN 26 2025 GATESVILLE, TEXAS 76597 11¼-U(fl,\.J. 1 DISTRICT Cl E=RI< 1 CERTIFICATE OF SERVICE I, James Brickley, certify that a true and correct copy of the foregoing motion was sent to my agent with express instructions ·•· to forward the same to the attorney for the defendanti•at the addr- ' ess below via certified mail, return reciept requested. Executed on this 18th day of June, 2025.
JACOBI I. PONS ASST. ATTORNEY GENERAL LAW ENFORCEMENT DEFENSE DIVISION OFFICE OF THE ATTORNEY GENERAL P.O. BOX 12548, CAPITOL STATION AUSTIN, TEXAS 78711
2 2 BRICKLEY V. WALTON June 19,2025 CAUSE NO. DC-24-55842 TO: BECKY MOORE CLERK OF COURT P.O. BOX 4 GATESVILLE, TEXAS 76528 FROM: JAMES BRICKLEY Plaintiff prose
RE: Plaintiff's request for dncuments to be included in the clerk's record for Brickley v. Walton, Cause No. DC-24- 55842, in the 440th Court of Coryell County, Texas.
Plaintiff, James Bfickley, is appealing this case to the Fifteenth Court of Appeals. The trial court signed a final judgment order in thi~ case on June 10,2025. Plaintiff submitted a notice of appeal with this request on June 19,2025, and has made arrangements to·- pay any clerk's fees. Plaintiff requests the following documents to be included in the clerk's record, as specified in Texas Rule of Appeallate Procedure 34.5: 1.Plaintiff's Original petition filed.May 30,2024. 2.Defendant's plea to jurisdiction dated April 29,2025. 3. Defendant's Original Answer dated-'' April 28, 2025. 4.Defendant's Motion to stay ~iscovery daied May 29,2025. 5.Plaintiff's Responses to Defendant's requests for disclosure and first request for production to the defendant, filed M~y 27,202. 6.Plaintiff's Motion requestin Jacobi I. Pons to show authority to act ftled June 9.,2025.
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15-25-00118-CV
BECKY MOORE 52ND JUDICIAL DISTRICT CLERK P.O. BOX4 FILED IN 15th COURT OF APPEALS GATESVILLE, TEXAS 76528 AUSTIN, TEXAS PHONE 254-865-591 l FAX 254-865-5064 7/2/2025 11:56:23 AM DATE: 06/26/2025 CHRISTOPHER A. PRINE Clerk RE: JAMES BRICKLEY, PLAINTIFF, V. NICHOLAS WALTON, DEFENDANT
CAUSE# DC-24-55842
DATE JUDGMENT SIGNED: 06/10/2025
NOTICE OF APPEAL FILED: 06/26/2025
Ordinary Appeal
DAYS EVENT
0 JUDGMENT SIGNED
30 FILE WRITTEN NOTICE OF APPEAL
60 FILE CLERK'S RECORD AND REPORTER'S RECORD WITH COURT OF APPEALS
I have received a copy of the appeal filed in the above styled and numbered case. DATE JAMES BRICKLEY. PRO SE SENT: 07/02/2025 -MAILED Plaintiff's Attorney TRACY L. IRVIN, CSR DATE: 07/02/2025 - EMAILED Official Court Reporter 440th District Court DANA DELEON DATE: 07/02/2025 - EMAILED Court Coordinator for 440th District Court
5 CAUSE NO. DC-24-55842
JAMES BRICKLEY V. NICHOLAS WALTON
IN THE 440™ DISTRICT COURT
OF CORYELLCOUNTY,TEXAS
Date of Judgment or Other Order Appealed From: JUNE 10, 2025
Name of Trial Court Judge: Honorable Judge GRANT KINSEY
· Name of Court Reporter: TRACY IRVIN
· Name & Address of Defense Attorney on Appeal:
JAMES BRICKLEY- PRO SE 3201 FM929 GATESVILLE, TEXAS 76597
Name & Address of Attorney(s) for the RESPONDENT on Appeal:
JACOBI I PONS ASST. ATTORNEY GENERAL LAW ENFORCEMENT DEFENSE DIVISION PO BOX 12548, CAPITOL STATION AUSTIN, TEXAS 78111
Becky Moore District Clerk
Deputy
3 CAUSE NO. DC-24-55842 JAMES BRICKLEY, IN THE DISTRICT COURT OF Plaintiff § v. CORYELL COUNTY, TEXAS § NICHOLAS WALTON, Defendant § 440th JUDICIAL DISTRICT
PLAINTIFF'S NOTICE OF APPEAL 1. Plaintiff, James Brickley desires to appeal from the order to dismiss pursuant to defendant's plea to jurisdiction, signed by~ the judge on June 10,2025. 2. Plaintiff recieved the Court's order to dismiss on June 18th, 2025 and subsequently submitted a request for findings of fact ~nd conclusions of law on June 18,2025. 3. Plaintiff Appeals to the Fifteenth Court of Appeals.
submitted,
JAMES BRICKLEY 3201 FM 929 GATESVILLE, TEXAS 76597
CERTIFICATE OF SERVICE I James Brickley, hereby certify that a true and correct copy of the foregoing notice was sent to the attorney for the defendant at the designated address by way of, forwarding the same to my agent with express instruction to send to the- attorney of record via certified mail,RRR. Executed on this 1~th'day of June,2025 .
Flied .....~~ ·c::..--::::;;a-,:;;79 Juvte 2JJD WCb~~~ J S BRICKLEY
JUN 26 2025 al~tsv¥1tt; TEXAS 76597
7~u~'"'- 4 DISTRICT C:i :=t?v 1 CAUSE NO. DC-24-55842
JAl.'1ES BRICKLEY, § IN THE DISTRICT COURT OF Plaintiff, § § v. § CORYELL COUNTY, TEXAS § NICHOLAS WALTON, § Defendant. § 440TH JUDICIAL DISTRICT
ORDER
On this day the Court considered defendant Nicholas Walton's Plea to the Jurisdiction.
Having considered the motion and arguments of the parties, the Court is of the opinion that the
motion should in all things be GRANTED. The Court finds thatit lacks subject-matter jurisdiction
over plaintiff James Brickley's claims pursuant to the.Texas Penal Code. The Court also fmds that
this is an incurable defect for which leave to amend is futile. It is therefore:
ORDERED that defendant. Walton's motion is GRANTED. It is further
ORDERED that plaintiffBrickley's claims against defendant Walton are DISMISSED
with prejudice; -==•< Signed'this _.If.. day of o{~ , 2025.
FllJd 1r.~ELL;ffi : o'cio JUM 11 2025 ~W'(~ DISTRICT CLERK
6 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing ·certificates of service have not changed. Filers must still provide a certificate of service· that ~om plies with all applicable rules.
Gloriana Ojeda on behalf of Jacob Pons Bar No. 24139435 gloriana.ojeda@oag.texas.gov Envelope ID: 100231302 Filing Code Description: Motion (No Fee) Filing Description: 20250429_Ds PTJ Status as of 4/30/202S 8:04 AM CST
Associated Case Party: Nicholas Walton
Name BarNumber Email TimestampSubmitted Status
Bridney Mcfield britney.mcfield@oag.texas.gov 4/29/2025 3:22:29 PM SENT .Jacob Pons 24139435 jacob.pons@oag.texas.gov 4/29/2025 3:22:29 PM SENT
Case Contacts
Gloriana Ojeda gloriana.ojeda@oag.texas.gov 4/29/2025 3:22:29 PM SENT ·.
7 CAUSE NO. DC-24-55842 JAMES BRICKLEY, IN THE DISTRICT COURT OF Plaintiff, § v. CORYELL COUNTY, TEXAS NICHOLAS WALTON, Defendant. § 440th JUDICIAL DISTRICT
PLAINTIFF'S REQEUST FOR FINDINGS OF FACT & CONCLUSIONS OF LAW Plaintiff, James Brickley, asks the Court to file the finrlings of fact and conclusions of law. INTRODUCTION 1. Plaintiff, James Brickley, sued defendant, Nicholas Walton for theft and violation of Brickley's inmate civil rights for his ph-rf·'.~.inf-the theft of Brickley' s legal materials which affected the outcome of his parental rights case. Mr. Walton was sued in~ his individual capacity, where he made no claim of immunity from suit;!here were no hearings on the facts of the case; and the case was dismissed with prejudice. 2. The Court signed an order dismissing the case with prejudice on June 10th,2025, filed June 11th,2025. REQUEST 3. Plaintiff asks the Court to file findings of fact and conclusi- ons of law and require the court clerk to mail copies to all parties, as required by Texas Rule of Civil Procedure 297. 4. Plaintiff files this request within 202days after the Court signed judgment or order. Tex.R.Civ.P. 295.
ully submitted, J:J:£vt<:>w.s Fll$d CORYELL COUN:rY .J,01.Ctlo'clook~
JUN 26 2025 GATESVILLE, TEXAS 76597 11¼-U(fl,\.J. 1 DISTRICT Cl E=RI< 1 CERTIFICATE OF SERVICE I, James Brickley, certify that a true and correct copy of the foregoing motion was sent to my agent with express instructions ·•· to forward the same to the attorney for the defendanti•at the addr- ' ess below via certified mail, return reciept requested. Executed on this 18th day of June, 2025.
JACOBI I. PONS ASST. ATTORNEY GENERAL LAW ENFORCEMENT DEFENSE DIVISION OFFICE OF THE ATTORNEY GENERAL P.O. BOX 12548, CAPITOL STATION AUSTIN, TEXAS 78711
2 2 BRICKLEY V. WALTON June 19,2025 CAUSE NO. DC-24-55842 TO: BECKY MOORE CLERK OF COURT P.O. BOX 4 GATESVILLE, TEXAS 76528 FROM: JAMES BRICKLEY Plaintiff prose
RE: Plaintiff's request for dncuments to be included in the clerk's record for Brickley v. Walton, Cause No. DC-24- 55842, in the 440th Court of Coryell County, Texas.
Plaintiff, James Bfickley, is appealing this case to the Fifteenth Court of Appeals. The trial court signed a final judgment order in thi~ case on June 10,2025. Plaintiff submitted a notice of appeal with this request on June 19,2025, and has made arrangements to·- pay any clerk's fees. Plaintiff requests the following documents to be included in the clerk's record, as specified in Texas Rule of Appeallate Procedure 34.5: 1.Plaintiff's Original petition filed.May 30,2024. 2.Defendant's plea to jurisdiction dated April 29,2025. 3. Defendant's Original Answer dated-'' April 28, 2025. 4.Defendant's Motion to stay ~iscovery daied May 29,2025. 5.Plaintiff's Responses to Defendant's requests for disclosure and first request for production to the defendant, filed M~y 27,202. 6.Plaintiff's Motion requestin Jacobi I. Pons to show authority to act ftled June 9.,2025. 7.Plaintiff's response to defendant's motion to Stay discovery and Fllid plea to jurisdiction dated June 5,2025. n~~ 8.Tme court's docket sheet. JUN 26 2025 8 '~/ilf»l,. 1 DISTRICT CLERV 9.The certified bill of costs. 10.All requests for findings of fact and conclusioris of law; 11.All the court's findings of fact and conclusions of law. 12~Any other pretrial motions as designated by Texas Rule of Appellate Procedure 34.
Respectfully submitted, / 7 ~ ~ /9~2JZ-5 ¼~~-~~'°rCKLEY 3201 FM 929 GATESVILLE, TEXAS 76597
CERTIFICATE OF SERVICE I, James Brickley hereby certify that a true and correct copy of the foregoing documents were sent to my agent with express instru- ctions to forward to the attorney of record for the defense. Exec- uted on this the 19th day of
AMES BRICKLEY 3201 FM 929 GATESVILLE, TEXAS 76597
9 2 CAUSE NO. DC-24-55842 JAMES BRICKLEY, § IN THE DISTRICT COURT OF Plaintiff § CORYELL COUNTY, TEXAS § NICHOLAS WALTON, Defendant · § 440th JUDICIAL DISTRICT \
PLAINTIFF'S STATEMENT OF ISSUES TO BE PRESENTED ON APPEAL Plaintiff, James Brickley, designates the following issues to be pr~sented on appeal, as required by Texas Rule of Appeallate Procedure 34.6(c)(1). ISSUES FOR REVIEW 1. The trial court erred in dismissing the case with prejudice. 2. The trial court erred in dismissing the case for jurisdiction. 3. The trial court erred by not first taking up the matter of plaintiff's request for defense attorney to show authority to act.
Respectfully submitted,
Jelled ®FtYl!LL COVt:fl'Y l.Q.!O(l.o'cloc:k--JtJ!!\-
JUN 26 2025 1~ula,t,. DISTRICT Cl F.RV 10