in Re Joe Roger Parker, 01-15-00278-CV

in Re Joe Roger Parker

01-15-00278-CV

| Tex. App. | Mar 26, 2015

Check Treatment

Case Information

*1 From: Joe Roger Parker March 24, 2015 TOC: No. 888383 C.T. Trinkell Unit 1300 FM 655 Rostarono, Texas 77585

FILETH IN 1ST COURT OF APPERALS HOUSTON, TEXAS

MAR 262015 CHRISTOPHER A. PRINE CLERK

To: First Count of Appents Clark, Christopher A. Prine 301 Fawcian Street Houston, Texas 77003

Re: Elins unit of Mandamus In service case No. 24194 in the 12th Judicial District Court of Walker County Parker v. Livingstone et. al.

Re: Drink Epiclosed Plenk Find our copy each of Relarars Squires unit of Mandamus with Attachments Exhibits (A)(B)(C), Relarars Affidavit of Inability to pay court cost or cost to provide paper copies of all orders and matines attached as Exhibits. Please file these papers and bring to the prompt Attenstone of Justices of this Court. By copy of this cover letter I have forward to the clert of trial court in walker County Honeardle...

*2 Robyn Flowers a copy of the wait of Mandamas to bring to the Amention of the presieting Judghe in this matter. The clark should have copies of All Mottones and orders that are attached to Exhibitits to delators wait of Mandamas. I do gratify Appreciate your time and assistand and ask that you provide and notice of the filing of this wait of Mandamar

Sincerely cc. Filed JoR R. Parker. clark of Cavn Robyn Flowers watkin Cavner, presieting Judghe. Hawanshie Donald Kasender.

D. $1 - 15 - 0278$ -CV

PILED IN IST COURT OF APPEALS HOUSTON: TEXAS MAR 262015 CHRISTOPHER A. PRINE In le Joe Roger Parker, Pelatoe

us.

Bud livingston et. al. Erecutish

Director tocs-to, le sponedents

Svarview Thind cecur No. 24194 in

The 12 th Judiciol Distriet Cecur of Waiker Cacunity, Taxas

Joe Roger Parker

TOCS No. 888382 C.T. Thurall Unit

1300 FM 655 Rostarone, Taxas 17593 Pro-SE. ( COVAR PASA.)

*4 Table of Contents Table of countries 1 1.6 tatenity of Parties Table of authorities 111 statement of case 1,2,3 statement of Jurisdiction 3 Issues Presented Statement of years 4,5 Arguments (A) (B) 5,6,9,8 Prayer for belief 8,9 Certification of Service 9 Appendix Attachonents (4) (8) (C).

In Re Joe Roger Parker, Relator, CAveLh No. 24194 writ of Mundames PILED IN 1ST COURT OF APPEALS HOUSTON, TEXAS MAR 262015 CHRISTOPHER A. PRINE CLERK

Identity of Parties and Coursets.

Joe Roger Parker tocJNo. 888382 is the lelator in this case man is presenity confined at the C.T. Tarsell Unit 1300 F.m. 655, Rosharan Txyne. 72583

The Respondents in this case are Brad Livingstine et. al. Executive Director tocj-50 BoBox 79 Hunntsville Taxas

The Resisting Jedge in this case is the Horonable Donald Kean man of the 12th Judicial District count of Walker County Taxas

The Ahorney for the Respondents is Mr. Stefor R. willimas P.D. Box 12548 Anstine Taxas.

The clink of count is the Hovanable Robyn Flournus, 1100 University Ave. Huntsville Taxes. 77390

*6 Table of Authorities

SWAE, ATMONARY GENI TRYAS 357 S.W. W. S.C. 178 T. N.A. 2012 ... Pg. 8

BARNAES V. STAIR B33 S.W. 424 ... Pg. 6

SWAE BATES 65 S.W. W. S.C. 133 ... Pg. 6

SWAER, C.A. 62 S.W. W. 225, 228 ... Pg. 6

FABTH, V. Gov. of V. V. V. 129 in. J. 859 P. 228, 972 ... Pg. 5

JANQUEUR, V. TOUCHY 673 S.W. 2269 CTA N.A. 1994 ... Pg. 8

JOHNSON, V. FOURTH CONUT of A. 2003 S.W. 916 ... Pg. 9

SAFAEY, -KLEEN CAMP, V. GACCIA 945 S.W. 2268 ... Pg. 7

WORTHAN, V. WAIKER 128 S.W. 220, 1138 ... Pg. 7

WILlES, S.C. 211 P.C. 223, 52.3; ... Pg. 7

WILlES, S.C. 211, 52.3, 52.3; ... Pg. 7

*7 01-15-0278CV

Causer No. 24194 in Re Joe Roger Parker Relator

Broad vivingstone et al. Respondents

MAR 262015 CHRISTOPHER A PRINE

CERK In The First Count of Appetals

Hawston, Texes Walker Country

In Re Joe Roger Parker Relator, causer No. 24-194 wait of mandamess

Now comes Joe Roger Parker, Relator Pro-ste seeking to move this Count pursuant to Texas rules of Appetlafe Procedures Rules. S2.3 and S2.33 and S2.1 will show the Count the following:

Statement of Case

This is a civil cause of serious being lifted per- sumet to Texes Tost Claius. Relator killed this suit to re-covr changes for Inyaries sustained by the gross Negligence of office C. 0 Hood as employer of the Texes Department of Criminal Justich, Southam Regions Transportation Division All debandants Named in this suit acted under the...

*8 Color of state Law. The issues existed are now- trivoleus and delator Constitutional Rights under death process. Chasles are being violated. On Novem- ber 1, 2007, Relator was on a TDES-50 chain bus evrocure from U.T.M.B. Hospital-Galveston to the wynne Unit. where the chains bus drivers by C.O. Hood because involved in accident involving other Vehicles. The accident in fact caused injuries to civilian drivers, and minor child as well as to included smoke sumate passengers to in cluded Relator.

Since the original filing of this civil Complaint as mention above Relator has submitted and filled numerous Motions in attempts to pro- secure this case without response by the court or the defendants wanted in this law suit. Specifically Relator has submitted Motions for De fault Judgment and Summary Judg ments that have been denied. See Exhibit (17) attached to the Appendix of this petitions. Additional by the Respondents filled a Chapter 14 Motions to Dismis, section 14.005 civ. Prac. + Rem. Code on February 19, 2010 the Court ssays an under desing the Respondents Motions to dis- miss. See Exhibit (18) attached to the Appendix of this petitions.

*9 To Lurcher point out Ans Argure, Relator has submitted motions to the coment to Compel the re-sporndents to Comply with discovary Requeest. To the constans the coment has foilted to rule upon or hold any type of banning in regards to thase motions. All of which is danying relator his rights under deak process ans Sparedy ans this trial by Jeny. ste Exhibit (C) attached to the Appenedix of this petitions

Statement of Jurisdiction

This coment has sivisdiction over the subjact mather Ans parties in the Distric coment where the re-tator originally fited this civil test Claiom Against TOCJ-IO Transpostation officials. All parties named in this suit acted under the color of Texas Law ans are sued in their Judividad Ans official Capacities. This civil causk of action occured in walker Comity Texas ans is now before the Honsurable Judge Donald Kestemer of the 12 th Districc coment of walker Comity Texas.

*10

Trial Count Failure to set a Scheduling Outle into trial Date
Trial count Failure to reale on Relarais Motions to compel Respondents to comply with discorty
Trial Count Failure to reale on hold meanings on Relarous pretrins Motions for spredy trial into Apponstomant of Cernosal

Statement of facts

ON November 1, 2007 C.O. Hood a Transpostation druin from TOCS-10 did in fact Recklessly into unlawfully drive up on a per-existing work while operating a commercial vehicle at unlawful speed did in fact collide with three other vehicles causing stsoons Injuries to passagaus in all vehicles involved to include the relator. As a further in direct re-sult of this Accident officer C. O. Hood refused to render timely first aid into emergency assistance to Jwstate Assumptions on the bus to Include the relator. As a result of...

*11

the willful and Negligent Acts of the Parties. Noma in this casech of Aetion Relator stells Monetary damages, Petral Damages, punitive Damages, material Anopists and Insurrection Relief for the damager relator has sullued and Continent to suffer with.

Huguenents

(A)

Trial Counts failure to set a scheduling order and Trial Date

Relator Argues he is being prejudice and denied a Fair trial because of Inaudinary trial Count delays to set a scheduling order and trial date. Relator contends that this case has been on the Counts docket since March 13, 2008 for over seven years. Relator points out that generally at least one pretrial Con- ference is held before a civil case is tried which serves purposes such as classifying the legal and tactical issues, detemining whether the complaint or answer needs to be amended, getting stipulations (agreements) concerning facts which are not disputed. For example of such a factual stipulation, see Frett V. Gov.

*12

of Viqgins Islands. 859 Ped 968, 972 (st cin 1988) discussing the possibility of settlement, and other aspects of managing the case and the trial. Le Iator Argurts that the cannt have a reasonable time within which to per form this duly. see Barnes v state 852 Suwad. 924 and Satety -kleew comp. v Garcia 945 Suwad. 268; Also see Relators Exhibit (D) attached to the Appendix of this Re titane Motone for Jury Trial and Motone for a Speedy trial, and Motone for Pretrial Containe

$(B)$

Trail canets failure to rule on Relator's Motone to Compel Respondents to Comply with discovery Regener

Standard of Review

when a motior is properly filled and pending before the caner the act of considering and resolving it is ministerial see thee Chavetz 62 Suwad.225, 228. The wied to consider and rule upon a Motone is not a discovery ACF. see thee Bates 65 Suwadis.

*13 AND SURE BEMIEER 994 Siw2d 682 (Tes. App 1998) when a motion is properly filled mon perating before a trial count the act of considering And resolving it is ministrional. Satety - Kleen Corp. V. Garcia 945 Siwd. 268 And the trial count is regerived to consider AnD rule upon a motion within a reasonable time

Mandamus sssues only to connect a clear abuse of discretions on the violation of a dusty imposed by can when there is no other adequate eamemady by can. sre Jobnson v. Fourth Count of apprais 700 Siwd. 916,917 (Tes. App. 1985). Traditionally the unit of Mandamess issued only to comples the performance of a ministerial act on dusty wortham v. walker 1285. W2d. 1138

Belator constands that accounting by to Tence rules of count rule 215.1 states that: a party upon reasonable notice to other party anD all other persons affected thereby may Appy for sanc tions on an on der compesing discovery. Here editor points out that on Sept 11,2014 Ans Nov. 4,2014 he submitted discovery request for records to the defendant that were also filled with the count with our response by the defendants not the count. sre Exhibit (C) attached to the Appendix

*14 of this petitions. Islator Luather Contende that ton these reasons he did not have an adequate remedy by Appel because denial of this discovery effectivity prevents elator from proving the material Allegations of this Law suit. See Jampola v Touchy 675 s. W2d 568 (tax APO1984) the court again used the exluxand- inary unit of mandamus to compel discovery. Lastly elator contend he is being denied a bin trial because of unnecessary man treand- inary delays to a speedy trial and appointment of Counsel. The trial court has a duty to rule an consider this motion and has killed to do so. Traditionally the unit of mandamus is the proper remedy to compel a ministerial act on daily see two Ahronary Gerc. of Texas 357 S. W3d. 178 (tax.APp. 2012) see Exhibit (A) attached to the Appendix of this petitions

Reguested Relief

wherefore, premises are considered, elator respectfully regulest: (1) that pretrial motions for a sche dulin order be under to allow elator to con- duct discovery to demonstrate matenai

*15

tracts and evidence is regards to this case still peroring before the trial count. (2) To order that a trial date be set in this civil suit. so illis proved.

Jore Roger Parker TOCS No. 888382

Certificate of Service

I, Joe Roger Parker do havby carily that a turn and correct copy of this Paikition for manufmous was served to the cleve of count lasted below by playing same in a U.I. marit bar. Executted on this 24 day of March 2015

First Count of Appents

Joe Roger Parker. TOCS No. 888382 Houston, Texas 77002 CIT. TANKEH Unit 1300 FM. 655 Rostarong, Texas 77583 Honorable Donald Kearmer Pto-SE Walker County Tz. (9)

*16 In Re Joe Roger Anker, Relator Count Nost4194

Albidavit Albidavit of Joe Roger Anker Irability to Pay count cost anto Fars, Non cost for Anker Copies for all parties

I, Joe Roger Anker, declar anto deposte as follows: My name is Joe Roger Anker. I am over the age of tiversity - one, of sound minch, capable of making this affidavit, anto personally degeminted with the fars herein stated Iam prescutly a sumatch conthined in Texas Department of Criminal Justice anto is the Romitt Named in coach no. 24194 now pending in the 12 th Judicial District Count of Walker County Texas. In support of my Irabilities to pay Count cost anto provide proper copies to all parties mention in this cash. I delare that I an Judgent anto not able to earn or handle money to pay cost for count fars non provide 5 paper copies of all matries anto orders that are appendix to my Retitione for unit of Mandamus Relief. I do not have a banking or saving Account. I do not own Realily, Stocks, Cans, beats. My Spouse anto I are no Longer together. I some times receive small Amount... (1)

*17 I lunds hamm family ans bichnds to purchase necessities ans hygnen supplies. Brcawein I am poon ans because the coent orders ans properly filled motions are list on the trist coents dochet shett. It my prayor that the clink of coent would provide the coent ans other pasties copies of these popers. I. Jor Royer Parker declare under the panally of perjury that the foregoing is true ans cornet. Executed on this 24 day of March 2015.

Tob. Ropr Parker Toc3 No. 888382 Pto- 5 K

*18 Ivkк Jok Ropr Ankiv ReJator caseno. 24194

*19

Robyn Flowers

District Clerk Walker County

12th Judicial District 278th Judicial District County Court at Law

February 20, 2013

Joe Roger Parker, TDCJ #888382 C.T. Terrell Unit

1300 FM 655 Rosharon, Texas 77583

Joe Roger Parker, TDCJ #888382, This office is in receipt of your Notice of Motion for Default Judgment which was filed on 02/20/13. A file marked copy is enclosed. The Judgment is unable to be filed at this time due to it needing to be signed by a judge before it can be file marked. Your documents will be sent to the Judge's office for review. If the Judgment is signed, a signed and file marked copy will be mailed to all parties in the case.

Thank-You, Robyn Flowers, Walker County District Clerk

*20

12TH JUDICIAL DISTRICT COURT

Grimes, Madison, Leon and Walker Counties 1100 University Avenue, Suite 202 Huntsville, Texas 77340 (936) 436-4915 (936) 435-8025 Fax

June 20, 2013

Joe Roger Parker TDJC #888382 CT Terrell 1300 FM 655 Rosharon, Tx 77583

Dear Mr. Parker, Previous correspondence from this office advised you that your Motion for Default Judgment and Motion for Summary Judgment have been denied.

Your subsequent request to enter a default judgment is also denied.

Sincerely, Becky Wat Becky West District Court Coordinator

*21

2. Cause No. 24194

To the Honorable Judgth of sani Coant Now Comes Joe loger Parker, Morititl, Ro-ste punsuant to Traze Rults of civil Proctedure Rults 216. And 217 e eguesting to mose this count for a Tany Tnol and triol Dase and will further showx Inability to pay triol Fars with Aftidavit in support. In support of Morititl will show the following:

I

Anliminary Statement

This is a civil cause of aetion stakins dinnages

*22 For Inquiries Mowrill suffered in Motor Vehicle operated by state officials. This case was filled in this Count on March 13, 2008. On February 19, 2009 this count knitred a under denying the Defend. And Chapter 14 modern to dismiss. On March 30, 2010 this count knits a under for bench warrant Housman Mowrill had a hantablek on the date the hearing was schedule. On August 5, 2011 this Count Knitted the under deering Motiven for Summary Judgment And De fault Judgment. Since then the Defendant have failed to respond to Discovery Regumest And Juny demand.

For these reason presented And pussumest to Texes Rules of Civil Procedures 216.1216). that states "No Juny trial shall be in Any Civil suit unless a written regumest for a Juny trial is filled with the cloak of the Count of a reasonable time before the date set for trial of the Count on the New Juny dochet but not less than thirty days in Advanch.

Maintil Lualian Contend that the defendants are not prejudice by a Juny trial becooth then have been No Objections to trial

*23

III

Requested Relief

Certificate of Service

I. Joe Parker do hereby disclose that a work was correct copy of Plentill Regumest La Jury Tand was served by Placing the some in a us. Postal box on this 28 day of February 2015 address to Cluck of coent listed below.

*24 Aflidavit of Joe Roger Parker Inability to Pay Junc Fikks ane Couret Cost.

My name is Joe Roger Parker tocs No. 888382. IAm over tuwenty oNA years of age of saumed mind capable of making thit affidavit ane personally acquainted with the tneft harrin stated

I am presanity a Jwomate Cantinck at the c. T. Trinkll Unit of the Texas Department of Cinnmal Sustic (Tocs) Located in Rosharon Trave.

In regards to the civil cause of netion in Couch No. 2494 I Am the Manstill in this cosh ans I harkly declare that he couin of my provily and Incarceration in (Tocs) I havh No movily, I Am not able to Earn an handle movily while being a Jwomath in (Tocs) I Am urable to pay cost for a Jony Trait. I havh no bank account No Spoush, No stock on reality. At times I do nectiv small amount of funds to purchase nicesitios while in presow from Amity ans Intrids.

I, Joe Roger Parker declar by the pervity of Bejuy the foregoing is their ayy offright. Execreted on Feb. 28, 2015

*25 From: Joe Roger Becker 2/28/15 TOC3 No. 888382 C.T. Tannell Unit

1300 FM 655 Roshakow, Trans 19583

To: Robyn Flowers, clank WALKER COWnITY 1100 University Ave. 7209 Hewnto Ville, Texas 77390

1100 University Ave. 7209 Hewnto Ville, Texas 77390

1200 FLOWERS District, Clark Walker County By

C28h No. 29,194 Joe R. Becker v. TOC3 officials

Dear, Clank of ceunt Enclosed About Find one Organist Plenstific Motsore San Joany Trist with ethodavit of Jusibility to Pay Jony Fars. Plenstific there Amphes aros being to the Judger prompt. Attentane. By Copy of this Cover Letter I am Lorwarding a Copy of this Motsore to the Attorney San Debandman. Steffan R. Willamess P.O. Box 12548 Austin Texas. I do greatly Appecions your time ans Assistnach ans not wereld your be kindtinnocent to provide me with the date of filing. Plenst your. JoR R. Becker.

*26 JOE ROGERS PARKER TOCT # 888388 1300 PM 655 - Terrell Unit Roshavon, Texas 77583

September 9, 2014

Robyn Flowers District Clerk Walker County, Texas (100 University Ave. Huntsville, Texas 77340

RE: Cause No. 84, 194 Joe Papers Parker v. TOCT, Prison officials, et al.

Dear District Clerk: Enclosed please find for Alipp in the above- reference civil case, my pro se "PLATENTIF'S MOTION REQUESTING FOR PRE-TRIAL CONFERENCE" and "PLATENTIF'S MOTION REQUESTING FOR NISCIOSURE."

Thank you and have a blessed day.

JRP/cj.P. CC: Stefani R. Williams Ass. Attorney General of Texas P.O. Box 72548

Austin, Texas 787111

*27

CALise No. 24, 194 JOE ROGERS PARKER, Maintrit, v.

IN THE 12TH JUISCCIAL BISTRICT COURT OF TOCT, PRISON OFFICIALS, et al., Defendants.

WALKER COUNTRY, TEXAS

PLATINITFF'S MOTION RECISESTING FOR PRE - TRIAL COMPERENCE

Maintrit, Joe Rogers Partner, pursuant to the provisions to Rule 166 of Texas Rules of Civil Procedure and Section 14,008 of Texas Civil Practice and Remedies Code, respectfully requests for a pre-trial conference and that he be granted to appear at the pre-trial conference by telephone or video communication technology, and in order to assist in the disposition of the instant civil action case. WHEREFORE, Maintrit prays that this request is granted in all things.

EILED

Respectfully submitted, JOE ROGERS PARKER Maintrit -- Ro se

*28

TOCT # 888382 1300 FM 655 - Temell Unit Rostaron, Texas 17583

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the Rrepping pleading was placed in my TOCF CD Temell Unit Moillox and for forwarding to the Clerk of the Court and to the Defendants' attomey of record, Stefanj R. Williams - Asst. Altomey General of Texas, P.O. Box 12548, Austin, Texas 18111 and by U.S. Mail, on this 4th day of Septenber 2014.

*29

Cause No. 24194

Mantills Motors for Speedy Trist and Hearing with Brief in Support

To the Honorable Judg of sain Coant: Now comes Joe Roger Parker, Mantill, pro-ss Sekkeng to move this count for a speedy busi Ane pre-brief Hearing presounit to rays Rules of Civil Procedurah and the sth, 6 th and 14 th Annalment of the United States Consitutions, In support of Mantill will Show the following $I$ Statement of Case (1).

*30 On April 15, 2008 the still hitch this special of as perish scientific this 18-year Tomi Cheveron. As he is yunth's himself by 1965-2006, having got to know transgenic elures in 1990, there almost was a relievel and Capac. has. As he 20, 2010 the still was re-annotated by. his own own inelpre to within it as a division, hicning and dittend a biently bercount for many to 2010. Heorries, and a certain sumataty man, still still set a 'hicest' sential on, this story, which he yeares to this below, is on a fair this 18-year, when his name is the reterent of the hicering. With this, we ithought, his name, there will this 2 week. By this 18-year. II which was angcinmated. Heorries is yout have put a word he is here, as well as by 30 oistionary thtling, and holistic of chibordinate to simply with this, whose neglects. Heorries as yout have biently 20 years and, and with this, and, he shall, not bient that. 191

*31 see Taylor v. Illinois 484 465, at 417 Also see U.S. v. Lovasco, 431 U.S. 783 (1977) Noting that government delay extended to harass or gain the treat advaing would violate each process.

Request Relief

When have premises an considered plentiful move this court for an under for limited discovery an schedule is bearing resolve desputed facts on shHammur of this case. So it is proved.

Certifications of Service

For Redner Parker do hard by declare that a bret was correct copy of Muntills Mohns for a speedy brief was bearing was answered by Macris the same as U.S. Mp. 1, boy on this day of Dec. 2014.

Respectfully Submitted

Clark of Court

Mob.ist Flowers

151

Jos Redner Parker.

Waller Security

1100 University Ave. St. Jos

C7. Trank 11 Unit

Munitsville, Texas 79340

(3)

*32 From: Joe Roger Parker TOCJ No. 888382 c. T. Tannell Unit 1300 F.m. 655 R ostracers Texas 97588

To: Robyn Powers District Clerk Wadken County 1100 University Ave. # 209 Huntersville, Texas 72340

RE: Cause No. 24, 194 Joe Roger Parker v tocJ Pissary officials

Dear Clerk, Enclosed Mason kind our Grugninal Manstiks Matters for Sparely Tarsl with brath in Support. Mason felt these pappus and brings to the prompt attentions of the Judge of Cocase. By copy of this cover letter I am forwarding a copy of this Matters to allowney for Datendants, namely Statens R. williams PO Box 12548. Nestin Te. I do graaffy, Connecticut Yocca time our Resistant in this Matters would you be kind enough to provide and with the date this Matters was bled Sincerely J. Parker.

*33 In Re Jor Boger Panker, Relaton casR No. 24194

*34

CAUSE NO. 24,194

ORDER

On this date Defendants' Chapter 14 Motion to Dismiss was considered. Correspondence in the court's file from Plaintiff received by the Clerk on March 13, 2008, states that the Step 2 Grievance response was received by Plaintiff on or about February 21, 2008. Suit being filed on March 13, 2008 is within the 31 day period provided by Section 14.005 Civ. Prac. &; Rem. Code.

It is therefore ORDERED that Defendants' Motion to Dismiss is DENIED. SIGNED on $\frac{14 February 2010}{12010}$ .

*35 Ierer Jor Roper Asaker, Rilston CAsk No. 24194

*36 From: Joe Roger Parker TOCS No. 888382 C. T. Tewell Unit

18.00 E.M. 655

Postmanus, Texas 77C83

To: Robyn Floukes, District Clerk. Wallis County 11.00 University Ave. 71.309

Heatsville, Texas 77.340

RE: Causa No. 24,194 Joe Roger Parker v. T. C. S. Union officials

Dear Clerk, Eudorad Meach find our copy (opinion) of Mauritf's Meteors to Compef Discovery and augment to make our Default Meteors. Meach file these papers and being to the prompt attention of the Judgc. By Copy of this cover letter I am formanding a copy of this Meteors to the defendants. Atrarmay described in the Castification. I do greatly Appreciate your time and assistant in this matter and ask it you would be kind enough to provide one with the data this Meteors was filed. Iand you.

FILED Day of NCV 2014 ROBYN FLOWERS By Deputy Sincerely Joe Roger Parker.

*37 | | Cause No. 24,194 | | :--: | :--: | | | The Roger Anter
TOCS No. 988382
of Walker County
of Texes
of Wotker County
TEXAS
TOCS, William Stepkous
EXECUTIVE DIRECTOR, AT AL
Defendants
TME,
ROBYN FLOWERS
District Clerg Walker County
TME,
ROBYN FLOWERS
District Clerg Walker County
TME,
PRODUCED | | | | | | This is the Houseable Judge of said Count:
Now comes Joe Roger Anter, Mantiff, geose seeking to move this cecurt to Compef the Defendants named in this course to comply with TEXAS Rules of civil Procedence Rule 194.1 In support of Mantiff will show the following: | | | Statement of the Case | | | An 3/13/2009 Mantiff filled this case of as-
104 under the TEXAS TOT Clain Act for Judgries caused by TOCS-1D transportation temis-
post driven acting in this official area
Individual Capacities. On February 4,2010 | | | (1) |

*38 the defendant through their Attorney filled a Chapter 14 motion to dismiss with the request to Suspension of Discovery. To the contrary this count and Iudge Devied the detendants mobins to dismis signed the order or Feb. 18, 200 or Feb. 30, 2000 Maintiff was scheduled by the count and Ludge to attend a desposition hearing and the Judge order a bench Inevent and hearing for May 18, 2000. However and un- fortunately Maintiff settured a heart attack or this day or next to the hearing and was not able to attend the hearing since then notering has taken place with this count by the counts. To the contrary the Maintiff has filled mobins for default against the detendants. and Motions for discovery and disclosures to the detendants without desponste and for these reasons Maintiff is hearing prejudice by mandatory delays and the ability to present his case to the case where detendants have settled to comply with Discovery Rules and procedures of this count. As Motions above the Judge of the count has denied the detendants mobins to dismiss and for this reason some discovery should proceed. If Requeated Discovery (2).

*39 For the reasons mactow above planatell seer to move the count to Compell the detendent to Comply with discovecy And provide planatell with the below verted request.: (1) All Grevances and Investipations wator Reports as to the tucident and Accident that are the bases for this Cute of Latune (2) All Matos and wittac reports as to the bus Accident that occuated on 11-1-2000 (3) All of Mantills Medical Records forms 11-1-2007 until 11-2014 (4) The names of all Insurance Company And policy shambles that will covet planatells tuxuides substanis from the above descibb bus eccident. (5) To ciscloak a naacurable mectory Damage amount willing to set the this cash has that and nugotable

Prayca for Rolik For these matsy Mantill pray this count will consider this Aso-st Motow and grant it in all things in the listent of foraces and Justice so it is prayedy Also that the Count mille or Mantill Defind Motow. (3)

*40

Oralicntion of Service

(4)

*41

TO THE HONORABLE COURT"S of

WALKER COUNTY 12/278th JUDICIAL DISTRICT

Your honor, I write this letter in hope that a final disposition of this ongoin suit can be reached without any more delay or cost to the court, it is my main desire. The injuries I sustained have degenerated to the point of hindering my ability to walk. The defendants apparently do not want to address my ongoing medical issues, nor my due process or due course of law. Denial of medical services, as well as, the denial of my first and fourteenth amend ment rights are in fact a constitutional violation due to my social economic status, as well as, my race. The wreck mentioned in the suitdue to belief and information happened in a county of than Walker, County. Walker County, Texas is Huntsville, Texas and Huntsville, Texas is TDCJ-ID. Also, your honor, I am a third party beneficiary to the insurance contract between TDCJ-ID and their unnamed insurance carrier, and am well within my rights to reugest compensation owed me due to the injuries I sustained. If my ongoing issues continue to go unanswered, especially my medical issues the defendant will leave me no other alternative but to seek Federal intervention through a 42 U.S. 1997 (a) and/or not limited to a 1983 seeking declatory and injunctive relief for the denial of my, (U.S. Const. VI) right of my first and fourteenth amendments. I come to you in a state of "pro se" and feel that the court have held me to the strict, stringent standards set-forth for lawyers. I also understand you are not required to appoint counsel, but then I shouldn't be requeired to become wheelchair bound due to the acts, omissions, and negligence of the defendants. I only seek "now" what is just and fair.

Joe Rogers/7arker - 888382 C.T. Terrell Unit - A4-17

1300 FM 655 Rosharon, Texas 77583

*42 CAUSE No. 24, 194

JOE ROGERS PARKER, PLANTIN, V.

TOCT, PRESON OFFICIALS, et al., Defendants.

IN THE 1974 JUDICIAL CAMPBERS

PLATINITIFS MOTION REPUESTING FOR MISCLOSURE

PLANTIN, JOE ROGERS PARKER, pursuant to the provisions of Rule 194. I of Texas Rules of Civil Procedure, respectfully requests for the Defendants to disclose, within thirty (30) days of service of this request, the information and materials described in Rule 194. 2 of Texas Rules of Civil Procedure.

WHEREFORE, PLANTIN prays that this request is granted in all things.

FILED THE DAY OF 30 J 20.14 ROBYN FLOWERS District Client 1941-1945 County By TY. H. H. H. H. H. 1941

DEPuly

*43

CERTIFICATE OF SEAMICE

I certify that a true and copy of the Rangoing pleading was placed in TBCT Terrell Unit Malibot and for forwarding by U.S. Mail to the Clerk of the Court and Defendants' attomey of record, Shefani R. Williams- Asst. Attorney General of Texas, P.O. Box 12548, Austin, Texas 78111, on this 4th day of September, 2014.