David Eric Browne v. R. Going, 12-15-00199-CV

David Eric Browne v. R. Going

12-15-00199-CV

| Tex. App. | Sep 21, 2015

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Case Information

*1 David Eric BROWNE 串 199259 wayne Seath unit 6799 Retrieve Rd tuglation TX, 77515

Twelfth Cent of Apparts catby S. Lusk, CLEEK 1577 West FROOT Street tank 354 Ticket, TEXAS 73702

RE: CANSELEWINN, 12-15-00199-CV appel Fron 369th Judicial District Cent

Dear Miasan, Please find enclosed the original and are copy of Motion for the appointment of counsel. And a copy to a grievance I wate Recourse any original Tort claim was mislandded and caused the unfinely delay in my response, I am a prisoner in Tce and I pray the mislbox who be taken into consideration. Federal Rules say I should have a chance of a Restricted Apparel, please find also a Mofio-Sur Restricted Apparel. I respectfully Request that my Tort claim be determined on its merits I sent documented proof in abundance to the Courts and I pray that In the interest of Justice, I Recome a fair chance. I respectfully Request the Court to grant my motions and I thank you for your time to consideration. Sincerly

Dish David Eric BROWNE 串 1948859 Sept. 14, 2015

*2 CausE No. 12-15-00199-cV THIN CO.1TEASE No. 369-15-5380

DAVID ERIC BRONNE $1948899$ V.

R. Geinss, EtAl

TUELOTH Court of Appoiis 1577 WEST FRUIT STREET Suite 354

Maitin R. THE Appointment of Cours

31915, Request this Court to appoint counsel to represent him in this CASE For the following reasons; 1.) Plaintiff is unable to afford counsel. 2.) The issues involved in this CASE are domstex. 3.) Plaintiff has limited access to Law Library, 4.) Frequent denial of access to Law Library due to Units special counts and unit Lockdowns as well limited Law Library space 5.) Plaintiff has very limited knowledge of the Law; 6) Plaintiff has limited area in which he is allowed to work wresearch CASE 7.) Plaintiff has only 800, education and TOCS's assessment was of a 6th grade level.

WHEREFORE, this Unparable Court should appoint counsel to represent the plaintiffs.

*3 CAGE No. 12-15-00199-CV Trial Court Case No. 369-15-5380 David Eric Brouvle of 1943395 V. Ricoins, St. Al

TWELPFL Court of Appeals 1577 WESTFRONT Street suite 354 Tyler, Texas 75702

DECLARATION IN SUPPORT of PHINITTEE MoHin FOR THE Appointment of Counsel

David Eric Brouvle states: 1.) I am the phintite in the above-catitted case. I make this declaration in support of my MoHin by this Appointment of Counsel. 2.) The complaint in this case allows that the phintitt's religious Cross a family heirloon was confiscated by correctional officer upon intake process from county jail. And on the same day transported to another facility out of reach of property and never given a chance to avail Cross have, at no time was phintite with in proximity of property to mail have. Plaintiff exhausted remedies and was denied opportunity to be re-united with property to mail have. 3.) Plaintiff made pro-se attempt at TOT Chain and had issues involving where-abouts of TOT chain after comlibrary united it out. District clerk mishandled chain, his hearing notice given and letter from clerk stating she knew not where TOT chain was. 4.) Months later District Clerk finds lost TOT chain and mails order of dismissal to Plaintiff on President S

*4 DELATION in support of plaintiffs, Mati in for the appointment of Counsel Continued:

9.1 Plaintiff has no ability to investigate the above abouts of original TOT claim and prices of documented evidence. 10.1 As set forth in the Memorandum of Law submitted with this motion, these facts, along with the legal merit of plaintiffs, claim, support the appointment of counsel to represent the plaintiffs.

WheReTore, The plaintiffs motion for appointment of counsel should be granted, account to 28 use 31746, I declare under penalty of perjury that the foregoing is true and correct.

Sisnght this 7th day of Sept., 2015.

David Eric 8rowelE $\pm 1948859$ wayne Scott unit 6999 Retrieve Rd. Anyton, TX, 77575

*5 C AUSE No. 12-15-DD199-CV Trial Court Case No. 369-15-5380

DQUID ERIC BROUNE $1948899 V. R. GOUHGS,ETAL

TWELFTH Court of Appeals 1517 WESTFRONT STREET SURE 354 TWELFTH Court of Appeals 1517 WESTFRONT STREET SURE 354 TWELFTH Court of Appeals

MEMBRAND UN of LAW IN SUPPORT of Plaintiffs MATION OF THE APPOLUTMENT OF COURSEL

This is a TOTT Chain filled under Innate Libi sation Civil Practice and remedies code chapter 14. Also pursuant to 28 usC 1331 and 1343 64 a STATE prisoner and asserting claims that correctional officers lost, stale or destroyed a family heir loam and religious chaim and cross. THE Plaintiff SEEKS Dames in the amount in Bill set forth by Texas Government Code Annotated 4D 501, 007 Innate Chains for lost or damaged property.

STATEMENT OF FACTS

Plaintiffs property was confiscated on Sept. 17th, 2015. Property iclentific as 1 could cross approx. 14 inch in height and 344 inch in width also 1 gold chain raped necklace approx. 24 inches in length. Property was taken by Co warrington a Indale property officer at the Gurney Unit. A Co. Thorn property officer was designee, Plaintiff was transported to another prison unit (DEPD Unit) for detox reasons, and property did not follow. Plaintiff made several attempts to mail property, At no time was be allowed to mail it home. After 5 days again Plaintiff was transported wer further from property, The Dyrd Unit, At which point Plaintiff become adwesting remedy, Plaintiff subsequently filled TOTT Chain with Source Staples on the 15th of Feb. 2015. At one point the whereabouts of TOTT Chain and 15 pieces of documented evidence went missing? A Letter from District Clerk to Plaintiff stated this. . . In July or approx. The 7th day of 2015 Plaintiff Reviews, DROER of DIdmissal, At no time was Plaintiff given any notice of hearing, As well, Plaintiff was led to believe TOTT Chain and 15 pieces of documented evidence was lost, when in fact it was not and the chain was dismissed on Pseudulant grounds, Preper Procedure according to Law was not followed and Due Process Violations exist.

ABBUNENT

The Cover should appoint Counsel for the Plaintiff. In deciding whether to appoint counsel for an indigent litigant the court should consider "The factual complexity of the case, the ability of the indigent to investigate the facts, the existence of mysterious happenings with Tom clain and missing evidence, The ability of the indigent to present his claim and the complexity of the legal issues, Abdullah v. Cunter 949 F. 2 d 1032, 1035 (916ir1991) (citation omitted). In addition courts have suggested that the most important factor is whether the case has merit. Carmona v. us Bureau of Prisons 243 F. 3 d 629,632 ( 2 d cir 2001) Each of these factors weighs in favor of appointment of counsel in this case.

Conclusion

For the foregoing reasons, the court should grant the plaintiff's motion and appoint counsel in this case.

Texas Department of Icriminal Justice

STEP 1

GRIEVANCE FORM

Offender Name: David Prowne TDCJ# 1543859 Unit: US#me scot Housing Assignment: CI-7P Unit where incident occurred: US#me scott

OFFICE USE ONLY

Grievance #: Date Received: Date Due: Grievance Code: Investigator ID #: Extension Date: Date Retd to Offender:

You must try to resolve your problem with a staff member before you submit a formal complaint. The only exception is when appealing the results of a disciplinary hearing. Who did you talk to (name, title)? (to Carol noodard When? 6-1-15 What was their response? set with the mail Room What action was taken? none State your grievance in the space provided. Please state who, what, when, where and the disciplinary case number if appropriate On may 28th 2015 I received a letter from District Clerk Jane staples In bet letter she informed me that a TOT claim I mailed on FEB 17 th 2015 NEUKE reached her office. This is very Serious this is a direct 1ST 14th Amendment violation. as well as obstruction of passedse of mail in violation of TITs 18 USC 1701. 1702. I placep the TOT claim and 15 pieces of documented proof of my exhausting of zemedies and actual begal proof, of my claim against officers from the Gurney Unit for the destruction of and of thet of my personal property family heir loom sold, cross. I am playing trakers and on all legal mail that I have shut off through the law library I was charged 250 to mail that TOT claim out on FEB 17 th 2015 I mailed. it Indigent there is record and I have copies this is furin into a criminal act And I will pursue this to the letter end. Either MRS. Deborah A. McDonald ManinASSI 3Mistake-ly misplaced it of did not mail it or lost it I DoD't know but I need that TOT claim and the documented proof of my claim back to this administration has purposely. Judated my constitutional rights by abstaying the passage of my legal mail to the courts I will not hesitate to pursue this as a higher proof of the criminal charges I wasst we 1-127 Front (Revised 11-2010) YOUR SIGNATURE IS REQUIRED ON BACK OF THIS FORM (OVER)

Action Requested to resolve your Complaint Fins art wher it is and rehem it to me intact

Grievance Response:

Signature Authority: Date: If you are dissatisfied with the Step 1 response, you may submit a Step 2 (I-128) to the Unit Grievance Investigator within 15 days from the date of the Step 1 response. State the reason for appeal on the Step 2 Form. Returned because: "Resubmit this form when the corrections are made. 1. Grievable time period has expired. 2. Submission in excess of 1 every 7 days. * 3. Originals not submitted. * 4. Inappropriate/Excessive attachments. * 5. No documented attempt at informal resolution. * 6. No requested relief is stated. * 7. Malicious use of vulgar, indecent, or physically threatening language. * 8. The issue presented is not grievable. 9. Redundant, Refer to grievance # 10. Illegible/Incomprehensible. * 11. Inappropriate. *

UGI Printed Name/Signature: Application of the screening criteria for this grievance is not expected to adversely Affect the offender's health.

Medical Signature Authority: I-127 Back (Revised 11-2010)