Case Information
*1 IN THE STXTH COURT OF AppEALS At TekarVana
RECEIVED IN The Court of Appeals Sixth District
JAN 30206 Trxorkona, Texas Deuru Autray, Clerk
ROBERT TRIM MCCLURE APPELAM ADJU STATE OF TEXAS, etal. Appellee
ON APEeal from BONie county District Court 8, ILL97M-102
APPEAL NO: 06-H-OOUL6-CV RESPONSE TO COURTS ORDER"
TO THE HORRABLE SUSTECEs of COURT of AppEALS.
NOW COMES, robert mCLuR PEs pECTfully makes the following per, court order
*2 Robert measure who is a Texas innate filed a 4k 31983 addressing physical assault by TOLS employee. The case was disnissed and after appeal was reversed.
The Appelker's filed a motion to dis miss and motion to find moclure a vexatious litigant. After the hearing the court granted both motion moclure timely filed his notice of appeal the District clerk filed it and sent it to the A Ppeal court clerk in turn filed and do cilered the appeal with full a ularess moclure was listed as vexatious litigant.
Now, the court has instructed moclure to respond to the fact that there is no order from a local admin. 3-dge to appeal.
- moclure received this courts order on Friday Sanuary 23, 14.
*3 1) measure comes to this court asking for patience. pursuant to Texas civil practice and remedies code, Chapter II, which governs the Rule of law. mCEture if he recalls correctly 3 D of 11.901 - clearly, states the Appeal court clerk can docker the Appeal if the litigant files appeal after a lower court grants a motion for vexatious litigant. mCEture read this and took that for what it said knowing he is Appealing Just that Problem thus, he filed his appeal believing he met that safe guard: If he honestly believed that rule of law did not pertain to him he would have obtained permission to file his Appeal. mCEture does not violate any order deliberately. This case was filed long before any vexatious order. more over, mCEture was also deprived meaninning for meaning appeal in that case if from walker county court.
*4 2) Because the chapter 14 of Tex. Liv. prac. rem. code was awarded but state of Texas or TOCs failed to publish this change in law that new requires inmates to file an affidavits of past suits. For that reason alone the 10th court of Appeals dismissed the Appeal as Erivalous. Even knowing TOCs does and did not provide any new law books that would have advised mclure or any notice of any kind. That was violation of federal law. 3) mclure beseeches this court to please if he mis in terpreted Chapter 11 he will at once contact the proper image to obtain an order to file a Appeal. To be please consider giving him a small window of opportunity to get that order. In fact he has contacted the first administrative Regional Judge to obtain a order permitting the Appeal. It a un related case mclure has attempted to obtain permission from
*5 the Bovie county local administrator Sudge but over a Year that Sudge has refused to respond to measure after repeated leguests to obtain a bill of review.
Pursuant to Tex. R. App. proc. rule 44.3 provides that a appellate court should allow reasonable time to correct or amend defects in appellate procedure before dis nissing an Appeal. A court of Appeals must not affirm or dismiss an appeal for formal defects of irregularities in appellate procedure without allowing reasonable time to correct or amend defects of irregularities to rule 44.3 and 44.4 (A). See also, menisour Vstate of terms Tex. AppLEX IS 4110 (A 5thist honsitor 2007) This court does have jurisdiction the Appeal was property filed and accepted. measure im plores this court to know his Appeal. has merit and to please give him reasonable time to obtain the order for permission to die his Appeal.
*6 6) moclure put sonuch hard work into his appeal plense dont take away this meaning ful appeal from moclure. Thank you
Respectfully submitted Robert moclure prose 1420457 RTA box 4900 Qutesville, TX 76547 San 25,15
*7 Celt frate of service I, rabert mccle re do state, that I miled a correct, true copy of the Eorgaing to Attaray general of terms. in ullumg, 20thomend 20th, 12.5 y 8 , eussing, using Hughes visit indigat mail program.
*8
The part of Appeals Liaht District
clerk, Trxerkana, Trvas please be advised. I only received this courts notice to respond on January 23/5 which was Friday. The letter said I had to respond by January 26, 15. This was not my fault.
pleasefile my response and make a
note to the court about this, I havk you
Regards
Rob. melure
*9