Michael Dwain Williams v. Lupe Valdez, Sheriff

• Court: Court of Appeals of Texas
• Decided: June 1, 2018
• Docket: 05-18-00213-CV
• Status: Published

Opinion

CAUSE NO. 05-18-00213-CV TR.CT.CAUSE NO. DC-17-09709

5th Court of Appeals FILED: 06-01-2018 Lisa Matz, Clerk MICHAEL DWAIN WILLIAMS, § IN THE 5th DISTRICT Appellant, RECEIVED COURT OF APPEALS v. § COURT OF APPEALS JUN 0 1 2018 LUPE VALDEZ, SHERIFF, USA MATZ Appellee. ClEftK,§5th DISTRICT DALLAS COUNTY, TEXAS

APPELLANTS REQUEST FOR COPY OF PROPERLY REQUESTED SUPPLEMENTAL CLERKS RECORD FOR PURPOSES OF TI~Y COMPLYING WITH BRIEFING RULES

TO THE HONORABLE JUSTICES OF THE FIFTH DISTRICT COURT OF APPEALS:

COMES NOW, Michael Dwain Williams, Appellant, pro-se, in the above-

styled named and numbered cause and who would respectfully offer the following

in support thereof;

I. JURISDICTION

Jurisdiction exists pursuant to Texas Rules of Appellate Procedure,

Rules 10; 20.1 and 35.3(c) (Vernon's 2017).

II. STAT~ OF THE CASE

On April 30, 2018, Appellant received the Clerks Record in the above-

styled named and numbered cause via Order of the Court dated April 16, 2018.

On May l, 2018, Appellant requested by letter to the trial court

clerk that items omitted be supplemented into the clerks record. On May 8, 2018,

Appellee requested that items omitted by the trial court clerk be supplemented

into the clerks record.

On May 22, 2018, Appellant received notice from Ms. Lisa Matz, Clerk

of the Court, that a supplemental clerks record was filed on May 15, 2018 but

a copy of that supplemental clerks record has not been properly served upon

Appellant, who requested it to assist him in timely complying with the briefing

(Page 1 of 4) rules and filing his brief.

By this motion, Appellant respectfully seeks a copy of that supp-

lemental clerks record which he is entitled to, already filed with the Clerk

of the Court in this case.

III. REQUEST FOR COPY OF SUPPLEMENTAL CLERKS RECORD

It is respectfully asserted that Ap~ellant, in this civil case, has

already been authorized to proceed on appeal as an uncontested indigent under

Texas Rules of Appellate Procedure (TRAP), Rule 20.1 (Vernon's 2017). A copy

of the Clerks Record under TRAP, Rule 34.5 was provided by Order of the Court

dated April 16, 2018 without prepayment of costs, see Order, Cause No. 05-18-

00213-CV filed April 16, 2018 and TRAP, Rule 10.2(a).

On April 30, 2018, Appellant received a copy of the Clerks Record

and noticed that the trial court clerk had omitted a relevant 11 Request Under

Rule 12, Texas Rules Of Civil Procedure For District Attorney To Show Authority

To Defend Defendant In Ultra Vires Action At Tax Payers Expense 11 and what appears

to be a 11 NON-SUIT DISMISSAL BY PLAINTIFF/PETITIONER 11 allegedly filed by App-

ellant and considered by the trial court prior to dismissal on 1-31-2018 accord-

ing to the trial court clerks Docket Sheet found in the Original Clerks Record

at p. 8.

Upon noticing these relevant items being omitted, Appellant properly

requested by letter in accordance with TRAP, Rule 34.5(c)(l)(Vernon's 2017) that

the Clerks Record be supplemented to include the above referenced items because

they are 11 necessary for Appellant to properly present his case to the Court,

and for the Court to properly exercise its decision making power. 11 See Appell-

ants Timely Request To Supplement Clerks Record, dated May 1, 2018 on file with

the Clerk of the Court, and Rule 10.2(a) above.

On May 8, 2018, Appellee also requested by letter that the Clerks

(Page 2 of 4) Record be supplemented with eight (8) items omitted by the trial court clerk.

Appellants brief will be due within thirty (30) days of the filing

of the Reporters Record which is an action currently pending, see Order of April

16, 2018 above and Rule 35.3(c) above.

Said supplemental clerks record has already been filed with the

Clerk of the Court, Ms. Lisa Matz on May 15, 2018 and Appellant has not received

a copy after the expiration of almost fourteen (14) days since the supplemental

record was filed.

Applicant respectfully asserts that he is entitled to be served with

a copy of the supplemental clerks record he has properly requested as an uncon-

tested indigent, on appeal, already filed with the Clerk of the Court and by the

filing of this motion, respectfully requests that he be provided a copy of that

record, by order of the Court, to assist him in timely complying with the brief-

in rules and to assist him in preparing a brief adequate for the Courts consid-

eration, see TRAP, Rule 38.l(a) thru (k)(Vernon's 2017), and Rule 34.5(c) above.

PRAYER FOR RELIEF

WHEREFORE, Appellant respectfully prays that the Court will order

that a paper copy of the Supplemental Clerks Record already filed in this cause

be provided to him for the reason stated herein.

Respectfully Submitted, 7 )< ' ., /0~, oJ~ Date Ap llant Pro-Se M chael Dwain Williams #2013533 Clements Unit 9601 Spur 591 Amarillo, Texas 79107-9606

(Page 3 of 4) UNSWORN DECLARATION

~TATE OF TEXAS §

COUNTY OF POTTER §

I Michael Dwain Williams, TDCJ-ID No. 2013533, Date of Birth 11-18-

1964, do declare under penalty for perJury in Texas Civil Practice and Remedies

Code, §132.001 that the above Request For Supplemental Clerks Record is true

and correct to the best of my knowledge, belief, information and understanding.

Respectfully Submitted, .

~)~//J~:v11:J~-~ AJ? ellant Pro-Se Mi hael Dwain Williams #2013533 Clements Unit 9601 Spur 591 Amarillo, Texas 79107-9606

CERTIFI~TE OF MERVICE STATE OF TEXAS §

COUNTY OF Pm'TER §

I Michael Dwain Williams TDCJ-ID No. 2013533, Date of Birth 11-18-

1964 do declare under penalty of perjury in Texas Civil Practice and Remedies

Code, §132.001 being incarcerated at the address below, that the above Request

For Supplemental Clerks Record being true and correct, has been served upon Ms.

Felicia Pitre, District Clerk at George L. Allen Sr. Courts Building, 600 Comm-

erce Street, Suite 101, Dallas, Texas 75202 via u.s. Mail postage pre-paid on

this the cl~/-V day of ~Y , 2018 in accordance with TRAP, Rule 9. ------------------ Respect ully Submitted,)

/t ·0~~c:J~ Date )Ex ted Apg llant Pro-Se Mi hael Dwain Williams #2013533 Clements Unit 9601 Spur 591 Amarillo, Texas 79107-9606

cc file

(Page 4 of 4) Lisa Matz, Clerk of the Court RECEIVED Court of Appeals COURT OF APPEALS Fifth District of Texas at Dallas George L. Allen Sr. Courts Building JUN 0 1 2018 600 Commerce Street, Suite 200 Dallas, Texas LISA MATZ 75202 CLERK, 5th DISTRICT

Re: Appellants Request For Copy Of Supplemental Clerks Record Already Filed With The Clerk Of The Court

Style: Michael Dwain Williams, Appellant v. Lupe Valdez, Sheriff, Appellee

Ms. Matz, May 28, 2018

Please find enclosed an Original of the above referenced motion under Texas Rules of Appellate Procedure, Rules 10, 20.1 and 35.3(c)(Vernon's 2017). Please file it with the Court for consideration. Thank You.

Clements Unit 9601 Spur 591 Amarillo, Texas 79107-9606 Micha=l Dwain Williams #2013533 Clem€11ta Unit 9nOl Spur 591 ,:D,J•Jl/\, P; HJ.. C~ ..,-::-:~ 791 _7\.f.i._~;:-~:;_lo, Texas 79107-9606 ·::!\~{) f-;.t/~4; '!;( ~;:~.(). .l.~t~·. fl'~~r."'~ lL --~-

RECEIVED COURT OF APPEALS

JUN 0 1 2018 Lisa Matz, Clerk of the Court Court of A~peals LISA MATZ Fifth District of Texas at Dallas CLERK, 5th DISTRICT George L. Allen Sr. CRurts Building 600 Commerce Street, ~uite 200 Dallas, Texas 75202

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