Case Information

*1

BRAD LIVINGSTON, Defendants-Appellees. $=======================$ Appeal from the 369th District Court of Anderson County, No. 369-13-5019 $=======================$

APPELLANT'S ADVISORY TO THE COURT TO THE HONORABLE JUDGES OF SAID COURT: Juan Enriquez, Plaintiff-Appellant, herein informs the Court that he has filed with the lower court a motion for nunc pro tunc correction of order to reflect it was not mailed to Appellant until July 1, 2015, as reflected in the postmark on the envelope and that he has requested the Reporter from Travis County to file the Reporter's Records in this case.

A copy of the motion and letter are attached. Respectfully submitted,

Certificate of Service

I, Juan Enriquez, certify that a correct copy of the above advisory was served by placing same in the United States mail, postage prepaid, on September 21, 2015, addressed to Ken Paxton, Attorney General of Texas, P. O. Box 12548, Austin, TX 78711.

*2 CAUSE NO. 369-5019

JUAN EMRICUZZ, Plaintiff, v.

BRAD LIVIRGSON, ET AL., Defendants.

JUAN EMRICUZZ, Plaintiff, v.

BEAIMTIFF'S MOTICH FOR MINC PRO TUNG CORRECTED ORDFA TO TBP HONORARLS JUDGE OF EATD COURT:

Juan Enriquez, Plaintiff, pursmint to Rule 36a, Suctions 1 thru 7, Texas Pules of Civil Procedure, move the Court for a nunc pro tunc correctiof order of Dismissal, averring as grounds the following:

I.

The order of Dismissal in this case was signed April222, 2013. However, the district clerk did not mail the order to Plaintiff until July 1, 2015, as reflected by the postmark on the envelope. This order did not arrive on the Michael Unit until somewhere between July 2 and July 22, 2015. Prison records will reflect the exact date.

II.

The date when Plaintiff received a copy of the judgment is more than 20 days otter it was signoZ.

III.

The district clerk's civil docket does not reflect when the order was mailed to Plaintiff. Also, the plaintiff as a prisoner does not have access to the mail records of the Michael Unit, Texas Department of Criminal Justice -- Cortactional

*3 Institutions division (TDCJ_CID). Plaintiff, thus, needs an evidentiary hearing where he can subpoena A. Cargill, mailroom supervisor, Michael Unit, to testify when mail from the district clerk for plaintiff reached the Michael Unit from April 22, 2015, to July 15, 2015, and Janice Staples, district clerk of Anderson County, to testify when she mailed the order of dismissal to plaintiff.

IV.

Rule 306s, supra, sections 4 through 6 provide:

1. No notice of judgment. If within twenty days after the judgment or other appealable order is signed, a party adversely affected by it or his attorney has neither received the notice required by paragraph (3) of this rule nor acquired actual knowledge of the order, then with respect to that party all the periods mentioned in paragraph (1) shall begin on the date that such party or his attorney received such notice or acquired actual knowledge of the signing, whichever occurred first, but in no agent shall such periods begin more than ninety days after theoriginal judgment or other appealable order was signed.

2. Notion, notice and hearing. In order to establish the application of paragraph (4) of this rule, the party adversely affected in required to prove in the trial court, on sworn motion and notice, the date on which the party or his attorney first elthe received a notice of the judgment or acquired actual knowledge of the signing and that this date was more than twenty days after the judgment was signed.

3. Nunc pro tunc order. When a corrected judgment has been signed after expiration of the court's plenary power pursuant to rule 316, the periods mentioned in paragraph (1) of this rule shall run from the language of the signing the corrected judgment with respect to any complaint that would not be applicable to the original document.

V.

A copy of the July 1, 2015, postmarked envelope from the district clerk was provided as EXHIBIT A to Plaintiff's petition for mandamus filed September 14, 2015, by mailbox rule filing.

*4 VI.

PIaintiff did not receive notice of the April 22, 2015, signing until after July 1, 2015, nor did he acquire actual knowledge of the signing until after July 1, 2015.

WHEREFORE, HREMISES CONSIDERED, HIAINTIFF prays that this motion be granted and that the motion be set for ogidentiary hearing at an early a time and date as is consistent with the business of the court.

Respectfully submitted,

Juan Enriquez 227122 TDCJ-Michael 2664 FM 2054 Tennessee Colony, TX 75886

Hertificate of service

I, Juan Enriquez, certify that a correct copy of the above motion was served by placing same in the United States mail, postage prepaid, on September 21, 2015, addressed to Ken Paxton, Attorney General of Texas. P. O. Box 12548, Austin, TX 78711.

Juan Enriquez

*5

227122
TNCJ-Michad
2664 EN 2054
Tenneasea Colony, TX 75886
Reptomber 21, 2015

Official Reporter 345th District Court Travia County Courthouse P. O. Rax 1749

Austin, TX 78767 Re: Cause No. D-1-GN-12-G00377 Juan Enrímez v. Brad Lívinafton No. 12-14-00016-CV Twelfth Court of Appaia Dear Sir or Radam On April5, 2013, there vas a hearing in the 865 th District Court on a motion to remane Juña Yelanosky. Also, on June 26,2013, there vas a hearing before Juñge Yelencaly to transfer venue in the above references case. This case is now on appeal in the Twelfth Court of Appaia. I need a tranacript of both nouringa filled with the Twelfth Court of Appaia.

I vas proceeding in forma pauperia in Travia County. I expect travia County will pay your charqas for the transcrinta.

Very truly yours, Juan Entinose

CC: Ken Paxton Clerk, Twelfth Court of Appaia