Case Information

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Chage 449.01-13+00036-CV

RILED IN

1ST COURT OF APPEALS HOUSTON, TEXAS

MAY 112015

Russell Ham

Appollet, Pro se ve. William Stephens Appellec.

JUDICIAL NOTICS

TO THE FONORABLE JUDGE OF SAID COURT: COMES NOW, Russell Ham, Appellant, Pro se, T.R.C.J.-108110449, files this motion for Judicial notice and asks this honorable court to forward his pro se Appellant Brief to the First Coourt of Appeals. Appellant Ham will respectfully bhen this court the following:

I.

Procedural History

Russell Ham filled his sort claim in the 411th District Court of Polk County, Texas. Appellant presented several cause of actions Texas Liability Thaft Act and conversion, among other cause of actions. The Appellue filed it's answer and notion to Dismise. Two days after the notion to Dismise was filed the District court dismissed Appellant's Texas sort claim. Appo1lant timely filed his notice of appeal with the District court.

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The ninth court of Appenla issued Appellant Han a ceuse number and informed him of when his Appellate Brief was due. Although, Appellant Han was unable to meet the deadline he filed for an extention of time, which was granted by the District Court.

Appellant Han filed his Pro se brief with the ninth court of Appen on March 6,2015. After the briefs were mailed, the appellant was informed that his appeal has been transferred to the first of Appen at Houston.

ARGUMENT

Under Texas Rules of evidence 202 (b) , the court may take judicial notice of facts that are not subject to reasonable dispute if the facts are either (1) notorious, that is, generally, known within the territorial jurisdiction of the trial court, or (2) verifiable, that is capable of accurate and ready determination by restoring to sources, whose accuracy may not reasonably be questioned. Office of Pub. Dtil. Counsel vs. Public Util. Comm'n, 878 S.W.2d 598,600 (Tes. 1994).

CONCLUSION

Appellant Han asserts that by mailing the briefs to the wrong Appellate Court was not an mistake on his part, however, it should be corrected and his right to redress by preserved. Further

1. Appellant Han forwarded his brief to the ninth Court of Appenla to he filed atamped. Therefore, he can not make an duplicate of the brief.

*3 hermore, his copy of the Appellate Brief should be returned to filed stamped by the first Court of Appeals of Houston.

PRAYER

For these reasons, Appellant Ham asks this Court to forward the Brief to the first Court of Appeals at Houston. And forward his copy to him file stamped by the first Court of Appeals.

Russell Ham T.D.C.J. - ID$1104449

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CERTIFICATE OF SERVICE

I, Russell Ham, Pro se Appellant, T.D.C.J.-ID$1104449, certify that the foregoing and above has been servea by placing it in the Allen B.Polunsky Unit me1box on May 4,2015, postage prepaio , first class mail addressed to:

Briana M.Webb

Assistant Attorney General P.O. Box 12545, Capital Station

Austin, Texas 78701

First court of Appeals Clark of the Court 301 Fannin Street Houston, Texas 77002-2066

Ninth Coint of Appeals Clerk of the Court 1001 Pearl Street, Ste. 330 Seament, Texas 77701

Ruseell Hsm

T.D.C.J.-ID$1104449 3872 PM 350 South Allen B.Polunsky Unit Livin@stơss Texas 77351

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CERTIFICATE OF SERVICH

I. Russell Ham, Pro se Appellant, T.D.C.J.-ID81104449, certify that the foregoing and above has been served by placing it in the Allen B. Polunsky Unit mailbox on May 4,2015, postage prepaid , first class mail addressed to:

Briana M. Webb

Assistant Attorney General P.O. Box 12548; Capital Station

Austin, Texas 78701

First Court of Appeals Clerk of the Court 301 Fannin Street Houston, Texas 77002-2066

Ninth Colut: of Appala Clerk of the Court 1001 Pearl Street, Ste. 330 Beaumont, Texas 77701

Ruseoll Ham

T.D.C.J.-ID81104449

3872 PM 350 South Allen B. Polunsky Unit Eivingston, Texas 77351

*6 Date:May 4,2015 Mintn Court of Appeals Clerk of the Clerk 1001 Pearl Street, Ste. 330 Beaumont, Texas 77701

Re: Russell Ham vs. William Stephens Trial Court Cause Mo. CIV 28800 Court of Appeals Number:01-15-00036-CV

Dear Clerk,

Enclosed please find one (1) original copy of Appollant's Judicial Notice. Please file this Judicial Notice with the court and bring it to their attention.

Please file stamp my copy of this Judicial Notice and forward it back to me in the enclosed Self Addressed Stamped Envelope for your convenience.

A copy of the foregoing has been forwarded to the Appollachand to the First Court of Appeals of Houston for their fillings.

Thank you for your time and kind assistance in this matter.

Thank you, Russell Ham T.D.C.J.-ID$1104449

3872 PM 350 South Allen D. Polunsky Unit Livingston, Texas 77351

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