Case Information
*0 FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS 7/2/2025 11:56:23 AM CHRISTOPHER A. PRINE Clerk *1 15-25-00118-CV BECKY MOORE 52ND JUDICIAL DISTRICT CLERK P.O. BOX4 GATESVILLE, TEXAS 76528 PHONE 254-865-591 l FAX 254-865-5064 DATE: 06/26/2025
RE: JAMES BRICKLEY, PLAINTIFF, V. NICHOLAS WALTON, DEFENDANT
CAUSE# DC-24-55842
DATE JUDGMENT SIGNED: 06/10/2025
NOTICE OF APPEAL FILED: 06/26/2025
Ordinary Appeal
DAYS EVENT
0 JUDGMENT SIGNED FILE WRITTEN NOTICE OF APPEAL FILE CLERK'S RECORD AND REPORTER'S RECORD WITH
COURT OF APPEALS
I have received a copy of the appeal filed in the above styled and numbered case.
DATE SENT: 07/02/2025 -MAILED JAMES BRICKLEY. PRO SE
Plaintiff's Attorney
TRACY L. IRVIN, CSR DATE: 07/02/2025 - EMAILED
Official Court Reporter
440 th District Court
DANA DELEON DA TE: 07/02/2025 - EMAILED
Court Coordinator for
440 th District Court
CAUSE NO. DC-24-55842 JAMES BRICKLEY V. NICHOLAS WALTON
IN THE 440™ DISTRICT COURT
OF
CORYELLCOUNTY,TEXAS
Date of Judgment or Other Order Appealed From: JUNE 10, 2025
Name of Trial Court Judge: Honorable Judge GRANT KINSEY
· Name of Court Reporter: TRACY IRVIN
· Name & Address of Defense Attorney on Appeal:
JAMES BRICKLEY- PRO SE
3201 FM929
GATESVILLE, TEXAS 76597
Name & Address of Attorney(s) for the RESPONDENT on Appeal:
JACOBI I PONS
ASST. ATTORNEY GENERAL
LAW ENFORCEMENT DEFENSE DIVISION
PO BOX 12548, CAPITOL STATION
AUSTIN, TEXAS 78111
Becky Moore
District Clerk
Deputy *3 CAUSE NO. DC-24-55842 JAMES BRICKLEY, IN THE DISTRICT COURT OF
Plaintiff
§
v. CORYELL COUNTY, TEXAS
§
NICHOLAS WALTON, §
Defendant 440th JUDICIAL DISTRICT PLAINTIFF'S NOTICE OF APPEAL
1. Plaintiff, James Brickley desires to appeal from the order to
dismiss pursuant to defendant's plea to jurisdiction, signed by~
the judge on June 10,2025.
2. Plaintiff recieved the Court's order to dismiss on June 18th,
2025 and subsequently submitted a request for findings of fact ~nd
conclusions of law on June 18,2025.
3. Plaintiff Appeals to the Fifteenth Court of Appeals.
submitted, JAMES BRICKLEY 3201 FM 929 CERTIFICATE OF SERVICE I James Brickley, hereby certify that a true and correct copy
of the foregoing notice was sent to the attorney for the defendant
at the designated address by way of, forwarding the same to my agent
with express instruction to send to the- attorney of record via
certified mail,RRR. Executed on this 1~th'day of June,2025 .
..... ~~ ·c::..--::::;;a-,:;;79 Juvte 2JJD Flied WCb~~~ J S BRICKLEY al~tsv¥1tt; TEXAS 76597 JUN 26 2025
7~u~'"'
DISTRICT C:i :=t?v
CAUSE NO. DC-24-55842 JAl.'1ES BRICKLEY, IN THE DISTRICT COURT OF §
Plaintiff, §
§
v. CORYELL COUNTY, TEXAS §
§
NICHOLAS WALTON, § 440TH JUDICIAL DISTRICT
Defendant. § ORDER On this day the Court considered defendant Nicholas Walton's Plea to the Jurisdiction.
Having considered the motion and arguments of the parties, the Court is of the opinion that the
motion should in all things be GRANTED. The Court finds thatit lacks subject-matter jurisdiction
over plaintiff James Brickley's claims pursuant to the.Texas Penal Code. The Court also fmds that
this is an incurable defect for which leave to amend is futile. It is therefore:
ORDERED that defendant. Walton's motion is GRANTED. It is further ORDERED that plaintiffBrickley's claims against defendant Walton are DISMISSED with prejudice; -==•<
Signed'this _.If.. day of o{~ , 2025. FllJd r.~ELL;ffi
1 : o'cio JUM 11 2025 ~W'(~ DISTRICT CLERK *5 Automated Certificate of eService This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
·certificates of service have not changed. Filers must still provide a
certificate of service· that ~om plies with all applicable rules.
Gloriana Ojeda on behalf of Jacob Pons
Bar No. 24139435
gloriana.ojeda@oag.texas.gov
Envelope ID: 100231302
Filing Code Description: Motion (No Fee)
Filing Description: 20250429_Ds PT J
Status as of 4/30/202S 8:04 AM CST
Associated Case Party: Nicholas Walton BarNumber Email TimestampSubmitted Status
Name 4/29/2025 3:22:29 PM SENT
Bridney Mcfield britney.mcfield@oag.texas.gov 4/29/2025 3:22:29 PM SENT jacob.pons@oag.texas.gov
.Jacob Pons
Case Contacts
Name BarNumber Email TimestampSubmitted Status 4/29/2025 3:22:29 PM SENT gloriana.ojeda@oag.texas.gov
Gloriana Ojeda
·.
CAUSE NO. DC-24-55842 JAMES BRICKLEY, IN THE DISTRICT COURT OF
Plaintiff,
§
v. CORYELL COUNTY, TEXAS
NICHOLAS WALTON,
Defendant. § 440th JUDICIAL DISTRICT
PLAINTIFF'S REQEUST FOR FINDINGS OF FACT & CONCLUSIONS OF LAW Plaintiff, James Brickley, asks the Court to file the finrlings
of fact and conclusions of law.
INTRODUCTION 1. Plaintiff, James Brickley, sued defendant, Nicholas Walton for
theft and violation of Brickley's inmate civil rights for his
ph-rf·'.~.inf-the theft of Brickley' s legal materials which affected
the outcome of his parental rights case. Mr. Walton was sued in~
his individual capacity, where he made no claim of immunity
from suit;!here were no hearings on the facts of the case; and
the case was dismissed with prejudice.
2. The Court signed an order dismissing the case with prejudice
on June 10th,2025, filed June 11th,2025.
REQUEST
3. Plaintiff asks the Court to file findings of fact and conclusi
ons of law and require the court clerk to mail copies to all
parties, as required by Texas Rule of Civil Procedure 297.
4. Plaintiff files this request within 202days after the Court
signed judgment or order. Tex.R.Civ.P. 295. ully submitted, J :J:£vt<:> w.s Fll$d
CORYELL COUN:rY
.J,01.Ctlo'clook~
JUN 26
GATESVILLE, TEXAS 76597
11¼-U(fl,\.J.
DISTRICT Cl E=RI<
CERTIFICATE OF SERVICE I, James Brickley, certify that a true and correct copy of the
foregoing motion was sent to my agent with express instructions ·•·
to forward the same to the attorney for the defendanti•at the addr-
' ess below via certified mail, return reciept requested. Executed
on this 18th day of June, 2025.
JACOBI I. PONS
ASST. ATTORNEY GENERAL
LAW ENFORCEMENT DEFENSE DIVISION
OFFICE OF THE ATTORNEY GENERAL
P.O. BOX 12548, CAPITOL STATION
AUSTIN, TEXAS 78711
JAMES BRICKLEY 3201 FM 929 *8 BRICKLEY V. WALTON June 19,2025
CAUSE NO. DC-24-55842
TO: BECKY MOORE
CLERK OF COURT
P.O. BOX 4
GATESVILLE, TEXAS 76528
FROM: JAMES BRICKLEY
Plaintiff prose
RE: Plaintiff's request for dncuments to be included in the
clerk's record for Brickley v. Walton, Cause No. DC-24-
55842, in the 440th Court of Coryell County, Texas.
Plaintiff, James Bfickley, is appealing this case to the Fifteenth
Court of Appeals. The trial court signed a final judgment order in
thi~ case on June 10,2025. Plaintiff submitted a notice of appeal
with this request on June 19,2025, and has made arrangements to·
pay any clerk's fees.
Plaintiff requests the following documents to be included in the
clerk's record, as specified in Texas Rule of Appeallate Procedure
34.5:
1.Plaintiff's Original petition filed.May 30,2024.
2.Defendant's plea to jurisdiction dated April 29,2025.
3. Defendant's Original Answer dated-'' April 28, 2025.
4.Defendant's Motion to stay ~iscovery daied May 29,2025.
5.Plaintiff's Responses to Defendant's requests for disclosure and
first request for production to the defendant, filed M~y 27,202.
6.Plaintiff's Motion requestin Jacobi I. Pons to show authority to
act ftled June 9.,2025.
7.Plaintiff's response to defendant's motion to Stay discovery and Fllid
plea to jurisdiction dated June 5,2025. n~~
8.Tme court's docket sheet. JUN 2 6
'~/ilf»l,. DISTRICT CLERV
9.The certified bill of costs.
10.All requests for findings of fact and conclusioris of law;
11.All the court's findings of fact and conclusions of law.
12~Any other pretrial motions as designated by Texas Rule of
Appellate Procedure 34.
Respectfully submitted, /7~~ /9~2JZ-5
¼~~-~~'°rCKLEY 3201 FM 929 GATESVILLE, TEXAS 76597 CERTIFICATE OF SERVICE I, James Brickley hereby certify that a true and correct copy of
the foregoing documents were sent to my agent with express instru
ctions to forward to the attorney of record for the defense. Exec
uted on this the 19th day of
AMES BRICKLEY 3201 FM *10 CAUSE NO. DC-24-55842 IN THE DISTRICT COURT OF JAMES BRICKLEY, §
Plaintiff
§
CORYELL COUNTY, TEXAS §
NICHOLAS WALTON,
Defendant · § 440th JUDICIAL DISTRICT
\ PLAINTIFF'S STATEMENT OF ISSUES TO BE PRESENTED ON APPEAL
Plaintiff, James Brickley, designates the following issues to
be pr~sented on appeal, as required by Texas Rule of Appeallate
Procedure 34.6(c)(1).
ISSUES FOR REVIEW 1. The trial court erred in dismissing the case with prejudice.
2. The trial court erred in dismissing the case for jurisdiction.
3. The trial court erred by not first taking up the matter of
plaintiff's request for defense attorney to show authority to
act.
Respectfully submitted, AMES BRICKLEY 3201 FM Jelled ®FtYl!LL COVt:fl'Y l.Q.!O(l.o'cloc:k--JtJ!!\- JUN 26 1~ula,t,.
DISTRICT Cl F.RV