FJtkDlN 'ST COURT OF APPEALS HOUSTON, TEXAS
SEP 212015 CHRISTOPHER A. PRINE CLERK
IN THE
FIRST COURT OF APPEALS - TEXAS FILED IN 1ST COURT OF APPEALS NO. 01-15-00413 - CV. HOUSTON. TEXAS
OCT 26 2015 CHRISTOPHER A. PRINE JOHN HENRY BOYKIN, Appellant, CLERK
VS.
C. TAUSS, L. RUZICKA, F. RANGEL;
MEMBERS OF TEXAS BOARD OF PAROLES,
IN THEIR INDIVIDUAL CAPACITIES, Appellees.
"PETITION FOR APPELLATE REVIEW"
FROM THE 412TH DISTRICT COURT
BRAZORIA COUNTY, TEXAS
HON. DENMAN, JUDGE
CAUSE NO. 81239 - I
SUBMITTED BY,
JOHN HENRY BOYKIN, PRO SE APPELLANT
Ramsey One Unit
1100 F.M. 655 ('-- ::-} Rosharon, Texas 77583 TABLE OF CONTENTS PAGE NUMBER
STATEMENT OF FACTS 1.
STATEMENT OF PROCEDURAL HISTORY 1.
ISSUES PRESENTED FOR APPELLATE REVIEW 2.
ARGUMENT 2.-4.
CONCLUSION 4.
PRAYER 5.
CERTIFICATE OF SERVICE 5.
INDEX OF AUTHORITIES
Texas Government Code §508.145(d)(1); 1.-5.
U.S. Constitution Amendments 8 and 14; 1^£4.
LIST OF PARTIES
1. JOHN HENRY BOYKIN, PRO SE Appellant;
Ramsey One Unit; 1100 F.M. 655, Rosharon, TX. 77583.
2. C. TAUSS, L. RUZICKA, F. RANGEL; MEMBERS OF THE TEXAS BOARD
OF PAROLES, IN THEIR INDIVIDUAL CAPACITIES, Appellees;.
1212 N. Velasco, Suite 201; Angelton, Texas 77515.
App&a* &J-*
(ii.) FIRST COURT OF APPEALS - TEXAS
NO. 01-15-00413-CV.
PRO SE APPELLANT'S BRIEF
Now into Court Comes, JOHN HENRY BOYKIN, PRO SE Appellant,
who respectfully exercises his Statutory Right to seek Appellate
Review for the following reasons:
STATEMENT OF THE CASE
Appellant contends the Members of the TX Board of Paroles
continue to violate his Constitutional Rights protected by the
U.S. Const. Amends. - 8 & 14; by refusing to release him from
prison via parole, pursuant to TX. Government Code §508.145(d)(1).
Appellant avers he has satisfied all the requirements mandated
by TX. Government Code §508.145(d)(1); for his release on parole.
STATEMENT OF PROCEDURAL HISTORY
On April 16, 2015: Appellant's Civil Suit Complaint was
Dismissed With Prejudice by the 412TH Judicial District Court,
Brazoria County, TX.; Honorable Denman, Judge presiding.
On April 29, 2015: Appellant filed a timely Notice Of Appeal
and, Affidavit Of Indigence with the 412 District Court; Brazoria
County, TX.
Finally, Appellant submits this Petition For Appellate
Review contending the trial court abused it's discretion by
dismissing Appellant's Civil suit without reference to guiding
rules or principles.
(1.) ISSUES PRESENTED FOR APPELLATE REVIEW
Did the trial court abuse it's discretion by dismissing
Appellant's Civil Suit without reference to guiding rules or
principles?
ARGUMENT
Appellant contends he has a State Statutory Right to be
released from prison via parole. Texas Government Code §508.145
(d)(1) authorizes Appellant's release on parole.
Because the trial court has failed to correctly interpret
the parole laws mandated by the Government Code and the trial
court arbitrarily dismissed Appellant's Civil Suit Complaint
without any reference to guiding rules or principles, Appellant
contends the trial court abused it's discretion and respectfully
request appellate review to remedy this error.
TEXAS LEGISLATIVE LAW
"Texas Government Code §508.145(d)(1) ;
Eligibility For Release On Parole: An inmate serving a sentence
for an offense described by Section 3g(a)(1)(A)(C)(D)(E)(F)
(G)(H)(1)(J) or (K) Article 42.12, Code of Criminal Procedure
or for an offense for which the judgment contains an affirmative
finding under Section 3g(a)(2) of that article or for an offense
under Section 20(A).03 Penal Code; is not eligible for release
on parole until the inmates actual calendar time served - without
consideration of good conduct time - equals One-Half of the
sentence or 30 calendar years, whichever is less but in no event
(2.) is the inmate eligible for release on parole in less than two
calendar years."
Appellant avers his release on parole is governed by legislative
law, because Appellant was convicted and sentenced as a (3g)
offender on June 13, 2006.
TEXAS LEGISLATIVE INTENT
Appellant contends the intent of this Texsas Legislation,
pursuant to Government Code §508.145(d)(1) is to award (3g)
offenders with a release on parole date, because this law
expressively denies all (3g) offenders the right to receive
good conduct time credits applied to their subsequent parole
review process eligibility date.
This Legislative Law clearly and unambiguously authorizes
a release on parole date after a (3g) offender has met the
requirement of serving One-Half of his prison sentence - without
the benefits of good conduct time credits being applied. Appellant's
sentence started on November 17, 2004; In compliance with TX.
Government Code §508.145(d)(1); Appellant has met his Statutory
Requirement for release on parole as of November 17, 2004.
Because the Appellees refuse to obey this legislative law,
and the trial court has erroneously dismissed Appellant's Civil
Suit seeking redress from this Cruel and Unusual Punishment
that has continued Appellant's unlawful prison confinement,
Appellant petitions this Court Of Appeals for Appellate Review,
accordingly.
(3.) TRIAL COURT'S ERROR
Appellant respectfully contends the trial court abused it's
discretion by not following the principles established by TX.
Government Code §508.145(d)(1); and for failing to sustain the
merits of Appellant's Civil Suit Complaint seeking monetary
damages against the Appellees in their Individual Capacities;
for violating Appellant's Civil Rights protected by the U.S.
Const. Amends. - 8 & 14.
CONCLUSION
Appellant has a Statutrory Right to be released on parole
pursuant to TX. Government Code §508.145(d)(1).
Appellant avers his continued, unauthorized prison confinement
by the Appellees via their unreasonable actions and their reckless
indifference to this legislative law is a violation of clearly
established State and Federal Laws - TX. Government Code (Id.)
and the U.S. Const., Amends. - 8 & 14.
Appellant is seeking monetary damages in the amount of $100.00
PER DAY, STARTING FROM November 17, 2014; and continued until
the Appellees comply with the State Law and stop violating Appel
lant's Constitutional Rights (Id.).
In concluding, Appellant contends the trial court abused
it's discretion by dismissing his Civil Suit Complaint without
any reference to guiding rules or principles.
(4.) PRAYER
Appellant PRAYS this Court Of Appeals will reverse the trial
court's ruling in Cause No. 81239-1 and award Appellant the
monetary damages he is seeking - $100.00 per day until Appellees
comply with TX. Government Code §508.145(d)(1); Starting from
November 17, 2014.
Respectfully Submitted by,
t kc/l/J JOHN HENRY BOYKIN,! PRO SE - APPELLANT; Ramsey One Unit; 1100 F.M.655 Rosharon, TX. 77583
CERTIFICATE OF SERVICE
I, JOHN HENRY BOYKIN, Pro Se Appellant; certifys that an
EXACT ( copy ) of this Appellate Brief has been served on. the
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FJtkDlN 'ST COURT OF APPEALS HOUSTON, TEXAS
SEP 212015 CHRISTOPHER A. PRINE CLERK
IN THE
FIRST COURT OF APPEALS - TEXAS FILED IN 1ST COURT OF APPEALS NO. 01-15-00413 - CV. HOUSTON. TEXAS
OCT 26 2015 CHRISTOPHER A. PRINE JOHN HENRY BOYKIN, Appellant, CLERK
VS.
C. TAUSS, L. RUZICKA, F. RANGEL;
MEMBERS OF TEXAS BOARD OF PAROLES,
IN THEIR INDIVIDUAL CAPACITIES, Appellees.
"PETITION FOR APPELLATE REVIEW"
FROM THE 412TH DISTRICT COURT
BRAZORIA COUNTY, TEXAS
HON. DENMAN, JUDGE
CAUSE NO. 81239 - I
SUBMITTED BY,
JOHN HENRY BOYKIN, PRO SE APPELLANT
Ramsey One Unit
1100 F.M. 655 ('-- ::-} Rosharon, Texas 77583 TABLE OF CONTENTS PAGE NUMBER
STATEMENT OF FACTS 1.
STATEMENT OF PROCEDURAL HISTORY 1.
ISSUES PRESENTED FOR APPELLATE REVIEW 2.
ARGUMENT 2.-4.
CONCLUSION 4.
PRAYER 5.
CERTIFICATE OF SERVICE 5.
INDEX OF AUTHORITIES
Texas Government Code §508.145(d)(1); 1.-5.
U.S. Constitution Amendments 8 and 14; 1^£4.
LIST OF PARTIES
1. JOHN HENRY BOYKIN, PRO SE Appellant;
Ramsey One Unit; 1100 F.M. 655, Rosharon, TX. 77583.
2. C. TAUSS, L. RUZICKA, F. RANGEL; MEMBERS OF THE TEXAS BOARD
OF PAROLES, IN THEIR INDIVIDUAL CAPACITIES, Appellees;.
1212 N. Velasco, Suite 201; Angelton, Texas 77515.
App&a* &J-*
(ii.) FIRST COURT OF APPEALS - TEXAS
NO. 01-15-00413-CV.
PRO SE APPELLANT'S BRIEF
Now into Court Comes, JOHN HENRY BOYKIN, PRO SE Appellant,
who respectfully exercises his Statutory Right to seek Appellate
Review for the following reasons:
STATEMENT OF THE CASE
Appellant contends the Members of the TX Board of Paroles
continue to violate his Constitutional Rights protected by the
U.S. Const. Amends. - 8 & 14; by refusing to release him from
prison via parole, pursuant to TX. Government Code §508.145(d)(1).
Appellant avers he has satisfied all the requirements mandated
by TX. Government Code §508.145(d)(1); for his release on parole.
STATEMENT OF PROCEDURAL HISTORY
On April 16, 2015: Appellant's Civil Suit Complaint was
Dismissed With Prejudice by the 412TH Judicial District Court,
Brazoria County, TX.; Honorable Denman, Judge presiding.
On April 29, 2015: Appellant filed a timely Notice Of Appeal
and, Affidavit Of Indigence with the 412 District Court; Brazoria
County, TX.
Finally, Appellant submits this Petition For Appellate
Review contending the trial court abused it's discretion by
dismissing Appellant's Civil suit without reference to guiding
rules or principles.
(1.) ISSUES PRESENTED FOR APPELLATE REVIEW
Did the trial court abuse it's discretion by dismissing
Appellant's Civil Suit without reference to guiding rules or
principles?
ARGUMENT
Appellant contends he has a State Statutory Right to be
released from prison via parole. Texas Government Code §508.145
(d)(1) authorizes Appellant's release on parole.
Because the trial court has failed to correctly interpret
the parole laws mandated by the Government Code and the trial
court arbitrarily dismissed Appellant's Civil Suit Complaint
without any reference to guiding rules or principles, Appellant
contends the trial court abused it's discretion and respectfully
request appellate review to remedy this error.
TEXAS LEGISLATIVE LAW
"Texas Government Code §508.145(d)(1) ;
Eligibility For Release On Parole: An inmate serving a sentence
for an offense described by Section 3g(a)(1)(A)(C)(D)(E)(F)
(G)(H)(1)(J) or (K) Article 42.12, Code of Criminal Procedure
or for an offense for which the judgment contains an affirmative
finding under Section 3g(a)(2) of that article or for an offense
under Section 20(A).03 Penal Code; is not eligible for release
on parole until the inmates actual calendar time served - without
consideration of good conduct time - equals One-Half of the
sentence or 30 calendar years, whichever is less but in no event
(2.) is the inmate eligible for release on parole in less than two
calendar years."
Appellant avers his release on parole is governed by legislative
law, because Appellant was convicted and sentenced as a (3g)
offender on June 13, 2006.
TEXAS LEGISLATIVE INTENT
Appellant contends the intent of this Texsas Legislation,
pursuant to Government Code §508.145(d)(1) is to award (3g)
offenders with a release on parole date, because this law
expressively denies all (3g) offenders the right to receive
good conduct time credits applied to their subsequent parole
review process eligibility date.
This Legislative Law clearly and unambiguously authorizes
a release on parole date after a (3g) offender has met the
requirement of serving One-Half of his prison sentence - without
the benefits of good conduct time credits being applied. Appellant's
sentence started on November 17, 2004; In compliance with TX.
Government Code §508.145(d)(1); Appellant has met his Statutory
Requirement for release on parole as of November 17, 2004.
Because the Appellees refuse to obey this legislative law,
and the trial court has erroneously dismissed Appellant's Civil
Suit seeking redress from this Cruel and Unusual Punishment
that has continued Appellant's unlawful prison confinement,
Appellant petitions this Court Of Appeals for Appellate Review,
accordingly.
(3.) TRIAL COURT'S ERROR
Appellant respectfully contends the trial court abused it's
discretion by not following the principles established by TX.
Government Code §508.145(d)(1); and for failing to sustain the
merits of Appellant's Civil Suit Complaint seeking monetary
damages against the Appellees in their Individual Capacities;
for violating Appellant's Civil Rights protected by the U.S.
Const. Amends. - 8 & 14.
CONCLUSION
Appellant has a Statutrory Right to be released on parole
pursuant to TX. Government Code §508.145(d)(1).
Appellant avers his continued, unauthorized prison confinement
by the Appellees via their unreasonable actions and their reckless
indifference to this legislative law is a violation of clearly
established State and Federal Laws - TX. Government Code (Id.)
and the U.S. Const., Amends. - 8 & 14.
Appellant is seeking monetary damages in the amount of $100.00
PER DAY, STARTING FROM November 17, 2014; and continued until
the Appellees comply with the State Law and stop violating Appel
lant's Constitutional Rights (Id.).
In concluding, Appellant contends the trial court abused
it's discretion by dismissing his Civil Suit Complaint without
any reference to guiding rules or principles.
(4.) PRAYER
Appellant PRAYS this Court Of Appeals will reverse the trial
court's ruling in Cause No. 81239-1 and award Appellant the
monetary damages he is seeking - $100.00 per day until Appellees
comply with TX. Government Code §508.145(d)(1); Starting from
November 17, 2014.
Respectfully Submitted by,
t kc/l/J JOHN HENRY BOYKIN,! PRO SE - APPELLANT; Ramsey One Unit; 1100 F.M.655 Rosharon, TX. 77583
CERTIFICATE OF SERVICE
I, JOHN HENRY BOYKIN, Pro Se Appellant; certifys that an
EXACT ( copy ) of this Appellate Brief has been served on. the
Appellees via U.S. Postal Services, Postage Pre-Paid and mailed
to: C. TAUSS, L. RUZICKA, and F. RANGEL; 1212 Velaseo, suite
201; Angelton, Texas 77515. Mailed on ^2ef0ge*n}&
JOHN HENRY BO? APPELLANT; Ramsey One Unit; 1100 F.M.655 Rosharon, TX.77583
(5.) 11305
CAUSE NO. 81239-1 *P«16 2015 JOHN H. BOYKIN 8 IN THE DISTRICPCQUKT °j* Br**o%?^-
VS. § BRAZORIA COUNTY, TEXAS § L. RUZICKA, ET AL § 412™ JUDICIAL DISTRICT
ORDER OF DISMISSAL
4£_ On this lit? day of fitfCA , 20 /&Z . »t is ORDERED that the above, entitled and numbered cause be, and the same hereby is DISMISSED AS FRIVOLOUS for the reason(s) that Government Code 508.145 (d) (1) is not mandatory and the alleged claims have no arguable basis in law or in fact. The Court further finds that on January 14, 2011, The Court dismissed a case filed by Plaintiff as frivolous, pursuant to Sec. 14.007 CPRC. Plaintiff, JOHN H. BOYKIN, is ORDERED to pay the Court Costs and fees in accordance with the Order to Withdraw Funds attached herein as Exhibit A. vtf SIGNED this the. S day of
W. EDWIN DENMAN Judge, 412th District Court Brazoria County, Texas
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