John E. Rodarte, Sr. v. Texas Department of Family and Protective Service

Opinion

FILED IN

4th COURT OF APPEALS

SAN ANTONIO, TX

Trial NO.2010-CI-12625 February 2, 2015 Appeal NO.04-14-00922-CV KEITH E. HOTTLE CLERK OF THE COURT

JOHN E. RODARTE SR. , . IN THE FOURTH COURT Appellant/Affiant/Movant/ s In Propia Persona §

VS § OF APPEALS,AT TEXAS DEPARTMENT OF FAMILY § AND PROTECTIVE SERVICES, „ FELICIA HUGHLEY,ET AL/ * SAN ANTONIO,TEXAS Appellees,Defendants §

NOTICE OF APPEAL/ MOTION FOR APPELLATE RECORD, MOTION FOR WAIVING FILING FEES AND COSTS PLEADING OF INDIGENCY

To The Honorable Justices:

Now comes John E. Rodarte Sr.,Affiant,Appellant,Movant,Plaintiff,

on this date of January 23,2015 completes the above styled and num

bered document,and will show the following:

Mr. John E. Rodarte Sr.,known hereafter as Rodarte or Rodarte Sr.,

with leave of this court,submits this document,as notice of appeal

pursuant to T.R.A.P. Rules,24.4(a),as per submitted motions filed

with appellant's Appeal Brief,mailed on January 12,2015.

This is further motioned for,pursuant to T.R.A.P. R.25.1(a)(b)(d),

in the 57th Judicial District Court of Texas,December 05/2014,order

signed on December 12,2014,in that Rodarte Sr.,wishes to appeal.

Appellant Rodarte,wishes to apply T.R.A.P.,R.37.3(1)(b),the included

six month trust fund printout submitted with appeal brief,may serve

this court in addition to,but not limited to issues concerning the

indigent status of Rodarte Sr. That said printout,be now applied to

this court's concerns of an appellate record and filing fees. The

appellant,plaintiff,is currently indigent and cannot pay for the

costs necessary for continuing this cause of action properly.

As per this court's own order,signed on January 09th,2015 and its

application of T.R.A.P.,R.21.5,in appellant's 2002 Texas Rules Of

Court,it does not contain rule 21.5(d),only 21.5 State may controvert,

effect. Appellant,therefore requests for a copy of State's written

opposition. Therefore,as permitted under rule 21.6 Rodarte,will now

present,as a Motion For New Trial,as it has been explained in his

brief,that under Texas law,"The Discovery Rule" should allow Rodarte

to proceed/either as a remand or granting for a new trial,to proceed

against the defendants and continue litigation his tort claims.

1.

f

•Rodarte's Notice Of Appeal/Appellate Record/12b25(Jan.23/2015)

Rodarte/con only ask the Fourth Court Of Appeals/that/when it comes

to suspending the judgement/and issues of securities/that Rodarte is

not the debtor/but the creditor.

The arguments are quite clear/concerning continuing litigation of

tort claims/due to the discovery of defendants'neglect to treat and

protect Rodarte's sons from harm/among other things/remove them from

their primary residence and place them in Rodarte's care/who is the

father. And being that the majority/if not all of the justices are

women/Rodarte pleads/not only to their legal and judicial position/

but as a parentta legal guardian so to speak/in that can the justices

even begin to fathom what Rodarte's sons must have had to endure ever

since 1995 to present? While the justices/may not be able to take

as a personal level/any injury to Rodarte's sons/on a legal aspect

or level/as a ministerial duty/the justices/have the capacity to act

accordingly by law.

As Rodarte states in his brief/it is quite questionable/as to why

a motion to dismiss since the October 2012 judgement was rendered/

has been presented before the court.

As per this court's clerk/it appears from correspondence/that the

clerk/is notifyinq the new District Attorney Nicolas A. Lahood and

appellant now wishes clarity on this subject. Should mail be addressed

to his office/to Jason Contreras Assistant Attorney General only/or

both?

As per previous correspondence to this court and clerk/it has been

requested/for all of the proper forms/docketinq statements/civil

statement sheets/etc,due to the fact that appellant does not have the

forms on hand. This is requested/so that Rodarte/may properly file

and satisfy the requisites of law as per this court's local rules.

Therefore/Rodarte Sr./requests/that the court order the clerk/to

request for the appellate record/and that ample time for notice/be allotted when it concerns notifyinq Rodarte Sr./due to any responses

must be done by mail/which is questionable/and legal material is

outdated and difficult to obtain due to appellant's incarceration

and the law library here/this is why bench warrant has been deemed

necessary in order to obtain proper leqal research material at BCADC

in San Antonio/Texas/in order to level out the playing field^--

2. Respect^full^Submitted/

Rodarte's Notice Of Appeal,Appellate Record,12625;00922(01/23/15)

CONCLUSION

In the interest of justice/as it should be grown to be acustomed

to by the public/Of the aqencies and judicial system/that are in

place for our protection/especially when it concerns the well being of future generations when it applies to children/the systems in

place fall or succumb to being complacent among the courts and the

agencies/looking for one another/that the real issue among the system,

is financial or job secuity/and not one of specific job description/

or doing the right thing/self-interests should not be the issue when

it comes to failing to maintain integrity. Therefore/the system has to be suspect and found the culprit/this is why the system must de

fend itself/no matter what the cost,or to who and accept responsibil

ity by simply owning up to their mistakes and not using the law or

their constituents to use the law to avoid their day in court and

be held liable. The system/may ask why Rodarte can state such. It

is quite simple/John Jr.and Hawke,were injured at the hands of those

that the system was set into action by the state/and failed to pro

tect them as the records and evidence will show/the syatem had an

agenda/that did not follow protocol/otherwise John Jr.and Hawke

Rodarte would have had to endure the abuse they stated when they were just young children and live where the abuse occurred/and the system allowed it and protected it/or adored such abuse.

Subm

Certificate Of Service

This is to certify/the foregoing document/has been sent/as a true

copy to Jason T. Contreras/Assistant Attorney General Of Texas^at

Post Office Box 12548 Austin,Texas 78711-2548.

Executed On This January 23,2015 Respectf

I have been repeatedly told by Law Library personnel here when I have requested for a six -Month trust fund printout on a Friday, please,don't ask for a printout today,why don't you wait until a Monday,or until someone else can do it on another day.

J.R./j.r. 3. 01/23/2015 iNLNi ui Lhi iL JLJbi k,l 01 j *:£*. is i. , , . Uuhn .- , ,i_, ._j, _ ,.. .il.; r.j.',., I LLJtt: BiiLo^i- , u aiijti; aiJb i^ib LLJwh t j,LK; .... LL LLLi ,l_., , _.■ iriiilbLN I .. . ^ . Ui/t NHMus NODftii IL, JUBN Si; Bi_blNNl!\u PLfVlUD: ,3 / / i31 / J.-< , uc* LUUS . - L.J . IUI Ii3Ei<j .

.,.....,-., bHL; U. iSCd IUi liUf_L ti. &W t Ui ,.... . .ib.

bl'ilH DLP: JU. 4l: tol'l i M H^U DHL. j,bL:..i..6 LCI I H .■.-■■_. UUr : 6, MDNiH HiehbBl bHL-fiNCE , b . n, ,,._,,., flUN lUUtbl DHLRNUU IUTHL DE.POiiIt£j

1 1 / 14 i / Jl« hj I l - -. -I j. .j r . _ I i ■ . i ., .. . i. .,..„.. U'. -■ -■ i ;Ui_i. LtLbuHll [ j. UN

STftTE Qi I L*fi5jlL1 . , , '"--^ olCf^'■ ■ -• ^Q/XUL£l/ltJ[.- , ZQ}^- ;LHIH i i i >r- lu LJU -,., ,■ A , ■ .,.., ,-,.-),■.!.■ uNhLTLI^LIj UJ SJl Ui i'JL ul INi LJhiiH i ION UUl-J Th IN UUMPUILS DriTHtiNbt. RLGflfilJiNU I (IL UI-F LNDLh b Hi-Ul i. Mi jiu; H'l i lli_i_P Pi J LWD EN'ILH NbLX I ll)UJ NUflbl U,> -_■!.. NU

R.HARRISON NOTARY PUBLIC. STATE OF TEXAS

m 2

i

". - '":'

lh

arte Sr ■-

Clements Unit 9601 Spur 591 Aniarillo, Texas LEGAL MAIL LEGAL MAIL en Fourth Court Of Appeals in ■^ r Office Of The Clerk 300 Dolorosd St.,Suite 3200 San Antonio,Texas 78205-3037 CM

I

CO. LlJ

r

CO I 1

\

^PRIVILEGED OFFENDER i..Mil- * NOT INSPECTED BY TEXAS j DEPARTMENT OF CRINllNAt . JUSTICE - CORRECTIONAL ' INSTITUTIONS DIVISION