Juan Enriquez v. Rick Thaler

Opinion

IN THE COURT OF APPEALS FOR THE TWELFTH DISTRICT OF TEXAS AT TYLER

FILED ,'N COURT OF APPEALS No. 12-14-00016-CV 12th Court ofAppea.'s District

JUAN ENRIQUEZ, Appellant,

v. CATHY S.LUSK.C RICK THALER, Appellees.

APPELLANT'S ADVISORY TO COURT AND MOTION TO STRIKE APPELLEES' RESPONSE TO MOTION TO ABATE

TO THE HONORABLE JUDGES OF SAID COURT:

Juan Enriquez, Appellant, files this Advisory to inform the

Court that the Appellees filed a Response to Appellant's motion to

abate but they did not serve their response on the Appellant, thus violating one of this Court's strictest requirements, and

in light of such violation, Appellant moves that the Court

strike the response until compliance with service is performed.

I.

The Appellees in this case are the very prison officials who

are in complete control of the Appellant. The Appellees are free

to manipulate Appellant's legal mail, to manipulate Appellant's law library access, and to manipulate all phases of Appellant's efforts to litigate this appeal.

II.

The Appellant submits that it is time for the Court to protect

its jurisdiction over appeals to require prison officials to comply with the service rules when filing electronically otherwise prisoner litigants will not be able to have the same

opportunity as litigants with access to electronic media filing. Ill .

WHEREFORE, PREMISES CONSIDERED, Appellant moves the Court to

strike Appellees' reply to motion to abate until the service

requirements are met.

Respectfully submitted,

in EnriqueS '122 ^DCJ-Michael 2664 FM 2054 Tennessee Colony, TX 75886

Certificate of Service

I, Juan Enriquez, certify that a correct copy of the foregoing advisory and motion was served by placing same in the United States mail, postage prepaid, on June 3, 2015, addressed to Brianna Webb, Assistant Attorney General, P. 0. Box 12548, Capitol Station, Austin, TX 78711.