Michael Thomas Paul v. Greg Abbot Attorney General for the State of Texas

CourtCourt of Appeals of Texas
DecidedJanuary 13, 2015
Docket04-14-00791-CV
StatusPublished

This text of Michael Thomas Paul v. Greg Abbot Attorney General for the State of Texas (Michael Thomas Paul v. Greg Abbot Attorney General for the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michael Thomas Paul v. Greg Abbot Attorney General for the State of Texas, (Tex. Ct. App. 2015).

Opinion

N.O.04-14-00791-CV

In the Court of Appeals For the Fourth Court of Appeals District San Antonio, Texas

I-O

Michael Thomas Paul, . rx- P X-'^ Appellant, i v.

Gregg Abbott, : -^ 3 Appellee :" "rr~~— ro

TO

ON APPEAL FROM THE 225TII JUDICIAL DISTRICT COURT, BEXAR COUNTY TEXAS

TRIAL COURT NO 2001- CI-16843

HONERABLE MICHAEL MERY. JUDGE PRESIDING

APPELLANT'S FIRST MOTION FOR EXTENSION OF TIME TO FILE

BRIEF AND MOTION WAVING ALL COSTS OF APPEAL

Michael Thomas Paul 9123 Easy Street San Antonio, Texas 78266(210)294-4533 propia persona

APPELLANTS FIRST MOTION FOR EXTENSION OF TIME TO FILE

BRIEF AND MOTION WAVING ALL COSTS OP APPEAL

NO ij4-U-0O~')1 Identities of Parties and Counsel

Appellant/ Defendant Michael Thomas Paul, pro se 9123 Easy Street San Antonio, Texas 78266 (210)294-4533

Appellee / Plain tiff Greg Abbott, Attorney General State of Texa Through Asst Attorney General Scott MacDonald Graydon P.O.Box 12548 San Antonio, Texas 78711-2548

BRIEF AND MOTION WAVING AI.I. COSTS OF APPEAL NO. 04-14-00791 8. On November 18. 2014. the District Clerk filed a CONTEST TO

APPELLANT'S AFFIDAVIT OF INABILITY TO PAY COSTS ON

APPEAL, OR ,1N THE ALTERNATIVE, REQUEST FOR FINDING

THAT APPEAL IS FRIVOLOUS,

Appellant received no notice of the motion filed by the District Courts

attorney as required lex. K. Civ. P. 21.

December 03, 2014 presiding judge Janet Littlejohn eneters an order

that appellant must pay all costs in his appeal and pay for the

Clerk's record to be prepaired and sent to the appellate court.

9. Upon return of denied efiling of appellant's perfected NOTICE

OF APPEAL by clerk's office. Appelant filed motion to have

the default order for costs set aside, and set the matter for

December 22, 2014. Presided by judge John Gabriel who said he

would make his ruling later. December 29 , 2014 appellant

had still not received a ruling from the court, telephoned

appellate court clerk to inquire how to proceed due to an order from

the court of appeals requiring filing of perfected NOTICE being due.

Appellant was instructed to provide a copy of the motion filed

for a stay on the order to pay all costs. The very next day

BRIEF AND MOTION WAVING ALL COSTS OF APPEAL a ruling is made from the chambers of judge John Gabriel more

than a week after the hearing. He sustaines the prior order of

December 03, 2014 stating that the appellant's appeal is frivilous

and poses no question of law therefor he should pay all costs of

appeal.

10. It had become apparent to Appellant the States attorney was intent on not

allowing appellant to finish his appeal one way or another. ESPECIALV

after he inquired to Ihe district clerks office how files could just become

missing with no digital Copy or physical originals more than 10 years later

since He could not find the copies of the judge's Writs of with holdings

from his disability nor could he find the Served notices or any other notice

as required under rule 21 and last he could not find the Judges order for :

fraudulently filed judgment which he has a copy stamped as received by

the District clerk yet none appears either by the clerk or an order signed by

a judge. In fact more than 4 separate entries into the COURT computer

ORDERING GARNISHMENTS AND JUDGMENT, but no documents

NO. 04-I4-0IP9I a ruling is made from the chambers of judge John Gabriel more

than a week after the hearing. He sustaines the prior order of

December 03, 2014 stating that the appellant's appeal is frivilous

and poses no question of law therefor he should pay all costs of

10. It had become apparent to Appellant the States attorney was intent on not

allowing appellant to finish his appeal one way or another. ESPECIALY

after he inquired to the district clerks office how files could just become

missing with no digital Copy or physical originals more than 10 years later

since He could not find the copies of the judge's Writs of with holdings

from his disability nor could he find the Served notices or any other notice

as required under rule 21 and last he could not find the Judges order for :

fraudulently filed judgment which he has a copy stamped as received by

the District clerk yer none appears either by the clerk or an order signed by

a judge. In fact more than 4 separate entries into the COURT computer

or photo copies, Yet it was reported to all the major credit bureaus.

Appellant even has the copies from the credit Bureaus showing as much.

APPELLANTS FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF AND MOTION WAVING ALL COSTS OF APPEAL NO. 04.14-007'J| 11 • Appellant firmly believes the Office of the state attorney and the Office of the District clerk are corrupt and he will not get a fair hearing in Bexar

County or be allowed to have his appeal presented foi adjudication if they

can find a way to stop it.

12. September, 1,2011. The Texas Supreme Court adopts Texas Rules

of Appellate Procedure 20.1 , (a), (3) as follows:

(3) By Presumption of Indigence. In a suit filed bv a governmental entity in whirh

termination pf the parent-child relationship or managing conservatorshin is requested

a parent determined bv the trial court to be indigent is presumed to remain indigent for

the duration of the suit and anv subsequent appeal, as provided bv section 107.013 of

the Family Code, and may proceed without advance payment of costs.

Appellant-was defendant in action brought by state agency for the

express purpose of termination of perental rights in a suit effecting the

parent child relationship where at the time of said suit appellant was

recognized by the trial court in the trial cause 2001-CI-16843 as indigent.

3 Record to be Prepared Without Prepayment. If a party establishes

indigence, the trial court clerk and the court reporter must prepare the

appellate record without prepayment. No records have been prepared nor

given to Appellant for completion of his Brief as required.

APPELLANTS FIRST MOTION FOR EXTENSION OF TIME TO FILE 5 BRIEF AND MOTION WAVING ALL COSTS OF APPEAL

\O 04-U-(l()79| HI. VIOLATION OF TEX. R. APP. P. 6.3{c)

14. Appellant is a pro se litigant and is not represented by counsel. His

status as a pro se litigant has given opposing counsel, the Bexar

County Civil Court staff attorney's office, district court judges, and the

Bexar County District Clerk license to routinely and blatantly depart

from civil and appellate procedure at a whim in proceedings involving

Appellant. In fact, the district clerk's resistance to filing and serving a

complete record on appeal of district court proceedings is because the

trial record, on theface of it. is rife with evidence of numerous

departures from civil procedure, outright illegalities, and disturbing acts

of official oppression. As a result, Appellant will not be able to

prepare the brief in time to meet the Court's briefing deadline absent an

extension.

IV. APPELLANT VICTIM OF SUSTAINED HARRASSMENT; CANNOT AFFORD TO PAY FOR THE RECORD.

17. Notwithstanding Tex. R. App. P. 6.3(c). Appellant cannot afford to

pay for the record on appeal. The trial court's unlawful judgment

for costs against Appellant based on fraudulent pleadings of district court

Free access — add to your briefcase to read the full text and ask questions with AI

Cite This Page — Counsel Stack

Bluebook (online)
Michael Thomas Paul v. Greg Abbot Attorney General for the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-thomas-paul-v-greg-abbot-attorney-general-for-the-state-of-texas-texapp-2015.