Mark Walters v. Brad Livingston, in His Official Capacity as Executive Director, Texas Department of Criminal Justice

• Court: Court of Appeals of Texas
• Decided: March 6, 2015
• Docket: 03-15-00145-CV
• Status: Published

Opinion

ACCEPTED 03-15-00145-CV 4397226 THIRD COURT OF APPEALS Filed in The District Court AUSTIN, TEXAS of Travis County, Texas 3/6/2015 11:07:17 AM JEFFREY D. KYLE CLERK MAR 0 4 2015 CAUSE NO. D-1-GN-13-002356 At M. MARK WALTERS, Velva L. Price, District Clerk § RECEIVED IN Plaintiff § 3rd COURT OF APPEALS IN THE DISTRICT COURT AUSTIN, TEXAS OF § v. 3/6/2015 11:07:17 AM § TRAVIS COUNTY, TEXAS JEFFREY D. KYLE § Clerk BRAD LIVINGSTON, § 200TH JUDICIAL DISTRICT Defendant. §

PLAINTIFF'S REQUEST FOR DOCUMENTS TO BE INCLUDED IN CLERK'S RECORD ON APPEAL

TO: Velva Price, Clerk of the District Court of Travis County, Texas 1000 Guadalupe St Austin, TX 78701 Phone: (512) 854-945 7 Fax: (512) 854-9549

FROM: Mark Walters, Plaintiff Pro Se in the above styled and numbered cause.

RE: Plaintiffs request for documents to be included in the clerk's record for Mark Walters, ET. AI. v. Brad Livingston, cause number D-1-GN-13- 002356 in the 200 111 Judicial Court of Travis County, Texas.

Plaintiff, Mark Walters, is appealing this case to the Third Court of Appeals. The trial court signed the final judgment in this case on February 6, 2015 . Plaintiff filed a notice of appeal on March 4, 2015 and is entitled to appeal without paying the clerk's fee.

Plaintiff requests that the following documents be included in the clerk's record, as required by Texas Rule ofAppellate Procedure 34.5(a):

1. Plaintiffs Original Petition filed July 11 , 2013.

2. Plaintiffs Second Amended Petition filed September 15,2014.

3. Defendant's Original Answer filed July 29, 2013.

4. Defendant's Amended Answer filed August 27, 2013.

5. Defendant's Second Amended Answer filed October 7, 2014.

6. Defendant's Plea to the Jurisdiction filed July 15, 2014. 7. Plaintiffs Response in Opposition to Defendant's Motion to Dismiss filed on

August 23, 2014.

8. Plaintiff's Response in Opposition to Defendant's Plea to the Jurisdiction filed

on July 28, 2014.

9. The court's order denying Defendant's Motion to Dismiss and Plea to the

Jurisdiction, signed on July 31 , 2014.

10. The court's amended order denying Defendant's Plea to the Jurisdiction,

signed on July 31,2014.

11. Defendant's Amended Motion for Summary Judgment filed on November 13,

2014.

12. Plaintiff's Response in Opposition to Defendant's Motion for Summary

Judgment, filed on December 11,2014.

13. The court's judgment signed February 6, 2015.

14. Plaintiff's notice of appeal dated March 4, 2015.

15. Plaintiff's request for preparation of the reporter's record dated March 4,

2015 .

16. Plaintiffs request for preparation of the clerk' s record dated March 4, 2015 .

17. Plaintiffs Motion for Leave to Proceed on Appeal in Forma Pauperis file

March 4, 2015.

18. The court's docket sheet.

19. The certified bill of costs.

2 Respectfully submitted,

Mark Walters P.O. Box 28078 Austin, Texas 78755 (512)-964-4343 verusconsul ti ngtexas@gmail. com

Plaintiff Pro Se

3 CERTIFICATE OF SERVICE

I, Mark Walters, hereby certify that a true and correct copy of the above and

foregoing REQUEST FOR CLERK' S RECORD ON APPEAL, has been served by hand

delivering on March 4, 2015, to:

Craig Jacobs, Assistant Attorney General C/o Texas Attorney General P.O. Box 12548 Austin, Texas 78711-2548

Mark Walters