James Brickley v. Nicholas Watson

Opinion

1 REPORTER'S RECORD VOLUME 1 OF 1 VOLUME 2 TRIAL COURT CAUSE NO. 24-55,842 COA NO. 15-25-00118-CV FILED IN 3 15th COURT OF APPEALS AUSTIN, TEXAS 4 JAMES BRICKLEY ** 9/10/2025 4:37:12 IN THE DISTRICT PM COURT ** CHRISTOPHER A. PRINE 5 VS. ** CORYELL COUNTY, ClerkTEXAS ** 6 NICHOLAS WATSON ** 440TH JUDICIAL DISTRICT 7 8 9 * * * * * * * * * * * * * * * * * * * * * * * * * * * 10 TELEPHONIC HEARING ON MOTION FOR SUBSTITUTED SERVICE 11 * * * * * * * * * * * * * * * * * * * * * * * * * * * 12 13 14 15 16 17 18 19 On the 17th day of December, 2024, the 20 following proceedings came on to be heard in the above 21 entitled and numbered cause before the Honorable GRANT 22 KINSEY, Judge presiding, held in Gatesville, Coryell 23 County, Texas: 24 25 Proceedings reported by Stenographic Method. 2

1 A P P E A R A N C E S 2 3 MR. JAMES BRICKLEY (via telephone) #2289486 4 Alfred D. Hughes Unit 3201 FM 929 5 Gatesville, TX 76597 6 APPEARING PRO SE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3

1 VOLUME 1 HEARING 2 3 DECEMBER 17, 2024 Page Vol. 4 Announcements............................... 4 1 5 Mr. Brickley presents his motions........... 4 1 6 Court takes Motion under advisement......... 6 1 7 Adjournment............................... 7 1 8 Court Reporter's Certificate.............. 8 1 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4

1 THE COURT: On the record in Cause 2 Numbers 24-55,842 and 24-55,952 styled James Brickley 3 versus Officer Walton a/k/a/ Nicholas Walton and James 4 Brickley versus C. Mitchell a/k/a Codi Mitchell. This 5 on plaintiff's pro se Motion for Substituted Service. 6 Mr. Brickley, I will hear you with 7 regards to your motion at this time. 8 MR. BRICKLEY: Yes, sir. I was 9 requesting substituted service for the simple fact that 10 previously the sheriff's department had came out here, 11 after I tendered the amount for service, and said that 12 they were not able to serve TDCJ employees on TDCJ 13 property. I have no control over that; however, the 14 amount was paid. Other than that, in their note they 15 said that they needed more information specifying home 16 numbers and addresses; however, inmates aren't allowed 17 to have possession of guard personal information such 18 as telephone numbers, addresses, and stuff like that 19 without the risk of being penalized, as far as being 20 locked up, wrote up, or possibly acquiring new charges. 21 That was the reasoning for a request for substitution 22 of service. 23 THE COURT: All right. In your motion, 24 you request that the law librarian there at the unit 25 that you're housed at be served by certified mail. Do 5

1 you have any authority that serving the law librarian 2 is sufficient? 3 MR. BRICKLEY: Actually, Your Honor, no, 4 I do not. The last -- since August, I don't have 5 access to the law library anymore as far as the 6 information on the tablets. So as far as finding case 7 law, I don't have access to that anymore until they 8 replace the tablet that I have just for the simple fact 9 that it's not working anymore. The answer to your 10 question, Your Honor, is, no, I do not. 11 THE COURT: Okay. All right. Is there 12 anything else you wish to present to the Court at this 13 time? 14 MR. BRICKLEY: I would, Your Honor. I'm 15 glad you asked. I know you have previously ruled on a 16 motion that I sent in to appoint counsel. In the 17 motion, I had suggested that this would possibly be an 18 issue as far as being able to serve paperwork -- mail 19 paperwork out and receive paperwork from the Courts, 20 which is the basis of one of these lawsuits James 21 Brickley versus C. Mitchell where the basis of the 22 lawsuit was that she was -- the mail room clerk was 23 denying legal mail, and that would be the very basis 24 for receiving counsel. No way to apply for counsel on 25 my own. I'm not requesting that counsel argue the 6

1 case, simply just file the proper motions, and that is 2 it. As far as everything else, I will take 3 responsibility on my own, but there is a problem in 4 getting the motions that I send out out, of course, and 5 obviously the notices, correspondences from the Court 6 to myself. I still haven't received a copy of this 7 motion that this case -- that this hearing is about. 8 So with that being said, I would like to re-urge this 9 Court to reconsider the Motion for an Appointment of 10 Counsel as well as the Motion for Substitute Service. 11 THE COURT: All right. Mr. Brickley, I'm 12 going to take the Motion for Substituted Service under 13 advisement and will notify you of my ruling. If I rule 14 in your favor and rule that service be sent by 15 certified mail to the law librarian, I will instruct 16 the clerk's office to do that immediately. And so the 17 notice that you receive for my ruling may not be timely 18 in that we may have already authorized service. 19 With regards to your Motion for Court 20 Appointed Counsel, I'm not authorized by law to 21 authorize funds or appoint counsel on a civil matter. 22 If there is interference with lawful mail and the 23 proper procedures for seizing mail or otherwise through 24 the prison system have not been followed, then that 25 would be a complaint criminal in nature, and you would 7

1 have to report that to the proper authorities. 2 With that, Mr. Brickley, I'm going to end 3 the hearing. I have other matters to take up, but I 4 will notify you shortly of my ruling with regards to 5 the substituted service. Okay, sir? 6 MR. BRICKLEY: Yes, Your Honor. Thank 7 you, by the way, for the hearing. 8 THE COURT: All right. Thank you, 9 Mr. Brickley. We are off the record. 10 (HEARING ADJOURNED) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8

1 THE STATE OF TEXAS ** ** 2 COUNTY OF CORYELL ** 3 4 I, TRACY L. IRVIN, Official Court 5 Reporter in and for the 440th District Court of Coryell 6 County, State of Texas, do hereby certify that the 7 above and foregoing contains a true and correct 8 transcription of all portions of evidence and other 9 proceedings requested in writing by counsel for the 10 parties to be included in this volume of the Reporter's 11 Record, in the above-styled and numbered cause, all of 12 which occurred in open court or in chambers and were 13 reported by me. 14 I further certify that this Reporter's Record of 15 the proceedings truly and correctly reflects the 16 exhibits, if any, offered by the respective parties. 17 I further certify that the total cost for the 18 preparation of this Reporter's Record is $75.00 and was 19 paid by Mr. James Brickley. 20 WITNESS MY OFFICIAL HAND this the 19th day of 21 May, 2025. 22 /s/ Tracy L. Irvin TRACY L. IRVIN, Texas CSR #4725 23 Expires: 7-31-26 Official Court Reporter 24 440th District Court P. O. Box 1119 25 Gatesville, Texas 76528 254-865-5911 ext. 273