Eddie Don Johnson v. Texas Department of Criminal Justice-Parole Division, 03-15-00343-CV

Eddie Don Johnson v. Texas Department of Criminal Justice-Parole Division

03-15-00343-CV

| Tex. App. | Aug 5, 2015

Check Treatment

Case Information

COURT OF APPERL'S THIRD DISTRICT OF TEMS

FIGHTE DON JOHNSON' APPELANI

THE STATE OF TEMS

APPELLEE C. 2015

APPERL GRIEF

EDDIE DON JOHNSON PROGEDDING PRO SE PUSSEANI TEMS RUES SF APPELLATE PROCEDURE RULE 25. GROUNDS FOR GELLEF FROM A FINAL DROEL OR PROGEDDING WITH APPERL IN COURTEF APPERL NUNADEL O3-15-00343-C4, TRIAL CASE NUMBER D-1-6N-15001602 STYLE EDDIE DON JOHNSON U, THE STATE OF TEMS, ORDERED THAT PLANETIFF CLAIN BE DESMUSSED WITH PRESIDICE FOR LACK OF SUBJECT MATTER DIAUSOICTION, ORDER OPERATES AS FINAL JUDGMENT.

APPELLANI SUMMITTED APPROPRAATE PROCEDURES AND STANDARD'S FOR DYPOSITION, WITH RESPECT TO GROSS NEGLIGENCE DEPENDANTS RANGW OF FACILAL ALLEGATION, FAIL TO ENSPET, FAIL TO ALLEUZATE OR BENDVE THE CONDITION REASONABLY OF WILLIET IT WAS AWARCE, AND THAT DEPENDANTS CONDUEY WAS WILLEAL, WAKTON, OR GROSS NEGLIGENT.

ADMINISTRATIVE ACZICK REFLECT BY THE RECORD IN CONNECTION WITH THES APPERL FILED BY EDDIE DAN JOHNSON, APPELLANI ABUSE IS NO FAULY OF HIS OWN, ISSUES AND FAITS HAVE COMPLLED WITH, RULES AND DENDLINES BY LAM AND VENUE. SEE: ATTACHED STATES EXHIBIT A. P. 25-23

I. JURISDIITION

APPELLANI SEEKS DECLANATORY RELLEF PUSSEANI TO 28 U.S.C. SECTION 2283 AND 2284 AND RULE 65 OF THE FEDERAL RULE CELL PROCEDURE, THE WESTERN DISTRICT OF TEKAS IS IN VENUE UNDER SECTON 1891 (b)(c) BEAMSE IT IS WHERE THE EVENIS GUUIKS BASE TO THE CLINIC OCCURRER.

PLANETIF-APPCLANT EDCLL DAN JOHNSON ASLVOSS. IS ANO WAS AT ALL TIMES MENTEENED HUKEON A OFFONDER OF THE STAL OF TELAS IN THE CUSTEDF OF PABOLE, EIY JALL, CONIY JALL, ISF OF THE TELAS DEPARTMENT OF CELMINAL JUSTLE, PABOLE DURISIDN AND INSTITUTION DIVISION JAMES A. LYNAUCH UNIT FOOT STOOLTON, TELAS.

III.

DEPENDANT-APPCLLEE 3. THE FOLLOWING ARE NOT DIRECT PARTLES IN THE APPERL BUT DO HAVE SOME DIRECTE'S OF RELATIONISHED WITH THE LETIGATION OR THE LETIGATION OR ADMINISTRATIVE PEDCEEDINGS OR IN RELATED PEDCEEDINGS ARE NOTED BELOW. 4. DEPENDANT STUAKI JENKINS HEAD OF BOARD OF PARDONS AND PABOLES IS THE DIRECTOR TELAS DEPARTMENT OF CELMINAL JUSTLE PABOLE DULISING, BOARD ADMINISTRATIVE PARKL MEMBERS* INITIAL ADMINISTRATIVE ABUSE BEGIN ZODS * STATE OF TELAS BOARD OF PARDONS AND PABOLE. BEARD ADMINISTRATIVE SEE: STATE OF TELAS TELAS DEPARTMENT OF CELMINAL JUSTLE PARDONS AND PABOLE-DULISING CERZYMOATE OF MANOATORY SUPERVISION ATTACHED PAGE 13.5. HE IS LEGALLY RESPONSIBLE FOR THE OVERALL OPERATION OF THE DEPARTMENT AND EACH INSTITUTION UNDER IS JURIDUCTION INCLUDING JAMES A. LYNAUCH WHERE PLANETIF APPLLANT IS COAFLMED.

S. TELAS BOARD OF PARDONS AND PABOLE TAC PROLISIDNS OF THIS SECTION HI. 3 ADOPTED TO BE EFFECTIVE JULY 1.1994 14 TEX REG 4150 AMONDED TO BE EFFECTIVE JUNE 30.1998; 23 TEX REG 6121. AMONDED TO BE EFFECTIVE JUNE 1002.21 TEX REG 4990. SEE: AMONDED PAGE 6. DEPENDANT RESTLE AWERS IS THE PRESIDING OFFICER (CHANG) AND POLICY BOARD OF THE STATE OF TELAS TELAS DEPARTMENT OF CELMINAL JUSTLE PARDONS AND PABOLE DIVISION, SHE IS LEGALLY RESPONSIBLE FOR THE OPERATION OF JAMES A. LYNAUCH UNIT AND FOR THE WELFARE OF PLANETIFF APPLLANT IN THAT PRISON. SEE ATTACHED STATE OF TELAS BOARD OF PARDONS AND PABOLES PROCLAMATION OF RELIGCATION AND WABSANT OF AMEE'S PAGE 54.

INCORPORATE BY REFERENE TOOL BY TIME, BATE, EVANI T.O.C.I. UNIT HUMTSVILLE INSTITUTIONAL PABOLE OFFICER JANUARY 16.2009 7. DEPENDANT EVA J. OLIPANT

DEPENDANT N. BALLY SEE: ATTACHED P. 2.1

N.

RULE 33 FEDEOR BUE OF CLLUL PRICCENUE INTERDOCATORIES TO DEFENDANTS 8. CONDITION "SISP" AS IMPASSO OR MODIFIED BY PARKIE OFFICER AND AS AUTHORIES BY A PARKIE PARKL. ReID COMM. CORR. FACILITY

JANUARY 14, 2004 DEFENDANT MALENE. CASEMANNCEA JANUARY 20, 2004 DEFENDANT JACOUCLINE CHENIER. PARKIE OFFICER, IMPASS CONDITION V JANUARY 20, 2004 DEFENDANT KEITH T. WARMEN, PARKIE SUPPLINEDA. INVENDICE HENSKEF MARCH 14, 2004 DEFENDANT KEITH T. WARMEN, PARKIE SUPPLINEDA. ON ANTICIPATED RELEASE DATE MARCH 14, 2004. CUT MONITOR OFF-LERVE ME MONITOR-TARE OFF- 60. SEE: ATTACHED P. 29

PRELONDNAN'T REVIGATION READING INFORMATION

REID COMM. CORR. FACILITY 9. JULY 21, 2004 DEFENDANT SHAKETH JOHNSON, LASE MANNCEA &; RED FACILITY

JULY 26, 2004 DEFENDANT STEPHANAE GULLLUNY. LT. IN SEGUEITY &; RED FACILITY BUSUST 3, 2004 DEFENDANT DEREIEE FONTENTO, CART. IN SEGUEITY &; RED FACILITY SEE: ATTACHED P. 42.

STATE OF TEXAS WARMANN DEREITING. REYNEEING ADMINISTRATIVE'S RECEENED PASSMENT

BUSUST 5, 2004 DEFENDANT JACOUCLINE CHENIER. PARKIE OFFICER. APOINNSTON 7

AUGUST 6, 2004 DEFENDANT J. MENCHACA. UNIT SUPPLINEDS OFFICER. HOSPON 7 DEREIET PARKIE OFFICER. AUGUST 18, 2004 DEFENDANT LASHMARA TROU CART. IN SEGUEITY &; RED FACILITY AUGUST 18,2004 DEFENDANT DERDZLE D. CHIAZOL. HENNINE OFFICER. TEXAS DORAS PARKINS AND PARKIE SEE: ATTACHED P.

ISSUE SUMMANN' - ISSUE WARMANN'- II. MARCH 1, 2005 DEFENDANT JUAN JOHNSON, DERISEON LE APPLICABLE MARCH 1, 2005 DEFENDANT MALEGAN SHANKERS, DERISEON RENBERED MARCH 1, 2005 DEFENDANT ROZ DERISESON, PARKIE OFFICER. OFFICE SOUTH TEXAS ZEF DISTRIBUTION DPD CERNAL. SEE: ATTACHED P. 51

ADMINISTRATIVE

EACH DEFENDANT MARKED IS A STATE OF TEXAS DORAS OF PARKINS AND PARKIE

PARKIE DERISEON ACTIVS OF THE TEXAS DORAS OF PARKINS AND PARKIE WHO. AT ALL

*4 tDME MEETDON IN THIS COMPANYT HELD THE RAME OF POSITION AND WASA ASSEMBED TO INSTITUTION OF THE BOARD OF PARDONS AND PABOLE. 13. EACH DEFENDANT IS SUED INDIVIDUALY AND IN HIS OR HEAR OFFERAL CAPACITY. AT ALL TIMES MENTIONED IN THIS COMPANYT EACH DEFENDANT ACTED UNDER THE CASE OF STATE LAW.

CONFLICTION OF JURSDICTION U.S.C. 8TH AMENDMENT 14. FEDERAL RULE CULT PROCEDURE RULE. 16.ANG RULE SOYALSO SOZ. DUTY TO DISCLASE GENERAL PROUSSENS GOVERNINE DISCOVERY RULES OF EUROERCE JOL. PLANETTEF-APPELANT SET FACYN EIGHTH AMENDMENT "CAULI AND UNUSUAL PLANTS HARRY LEADY AGAINST HARRY COURY, TEXAS THE HOUSTONY PELLE CHIEF, CHIEF OF PELLE. THE HARREES COURY SHERETE. THE HARRES COURY COMMILSSIENER AND STHER HARRES COURY DIFECEAS SOUTH TEXAS ISF. TOST-ID. PABOLE DEUSION, ADMINISTRATORS. STATE OF TEXAS BOARD OF PARDONS AND AROLE, BOARD ADMINISTRATORS SECRETHAT OF STATE, SPERREN OF THE HOUSE, ATTORNEY GENERAL LEN' PARDON, BASED ON CONDITIONS DEFENDANT KNOW THEY WERE IN VIOLATION DONE IT ANYWAY. LACE OF JURISOLUTION MAYER" PLEA TO JURISOLUTION HOWEVER. A FEDERAL DISTRICT COURY MUST APPLY THE PERSONAL JURISOLUTION LAW OF THE STATE, IN WHICH IT IS SETTING SEE. FED. R. CIR. PROC. 4(E). AS A DISTRICT COURY SETTING IN TEXAS, THE DISTRICT COURY WAS OBELGAYED TO APPLY TEXAS LAW CONCEPNTING PESSONAL JURISOLUTION. TEXAS HAS ALOUED FOR THE EXERCISE OF PERSONAL JURISOLUTION TO DUTER LONDS OF DUE PROCESS UNDER FIFTH. EIGHTH AND FOURYEMPTH AMENDMENT OF THE UNITED STATES CONSTITUTION. (1) VIOLATION OF FEDERAL AND STATE STATES CITY ORDINANCE WHICH FALL TO ADVIOSE FOR PROBLE CAUSE /ARRATENEMENT HEARING IN CONNECTION OF ARREST VIOLATED DUE PROCESS (2) THE LEGATITY OF ISF. AFTER HIS ARREST PURSUANT TO AN ADMINISTRATIVE ORDINANCE (3) BOARD OF PARDONS AND PABOLE REYUAL PLANTLFF-APPELANT BACK To PLEADY FALING TO FALLOW PENGAL AND LEGISLATURE PROCEDURES REDUURED BY FEDERAL AND STATE LAW.

THE PLANTLFF-APPELANT ASSERS STATE DIFECEAS ENZDY A DURLEYED DIMMUNITY FOR ALL CONDUCT IN THEIR OFFICIAL CAPACITY. PLANTLFF-APPELANT TO BE ARRESTED AND SECURED, AND NOTEED THE ELECTRULE AUTHORITY MARKED SUCH DIMANDS OR THE AGERCY OF SUCH AUTHORITY APPELANTED TO RECEIVE THE ELECTIVE. AND SHALL CAUSE THE FUESTLUE TO BE DELIVERED TO SUCH AGERCY' WHICH HE SHALL APPEAR. THE STATE OF TEXAS ENFORCEMENT OFFICIES CAN NOT DESPUTE THE FACT THAT THEY

*5 FALL TO COMMUW WITH THE ARICOMAL PROCEDURES SET FORIN IN SECTION 2001-058 DESTAMATORY JUDGMENT, THE DEPFLVATION OF ANY RELHS PRIVILEGES OR JAMMONITIES SEQURED BY THE CONSTITUTION AND LAWS. SEE: FED. R. CHE. PICE. RULE. 12(b)(c). FACHMAL ALLCGATION THAT ARE RELEVANIT TO SUBJECT MATTER JAMES DESTION. THE BURDEN SHOULD BE UPON THE DEPENDANTS.

UPON INFORMATION AND BULLET, WITH RESPECT TO GROSS MECLIGENCE DEPENDANTS KNOW OF THE FACYMAL ALLCGATION, FAIL TO DISPECT, FAIL TO ALLEGITATE OR REMOVE THE CONDITION REASONABLY OF WHICH IT WAS AWARGE. AND THAT THE DEPENDAN'S CONDUCT WAS WILFUL, WAMTON OR GROSS NEELIGENT.
ELECTLY TWO (E) VERS ARTER PLANETEFF-APPYLANT FILLD SUIT AND AFTER DEPENDANTS CONDUCTED DISCOVERY, THE DEPARTMENTS FILED A PLEA TO THE JURISDICTON AND MOTION TO DISMESS. WITH ARGUMENT THAT PLANETEFF-APPYLANT ALLCGATIONS ARE LASUFFICTON TO LALIDEE A WATHER OF THE DEPENDANTS SINCRETEN IMMUNITY UNDER THE SENDRAD ESTABLISHED IN VERNON'S TEXAS CODES ANNOTATED CONCERNENT SECTIDES 2001.038. DECLARATORY JUDGMENT. (2). THE VALIDITY OR APPLICABILITY OF A RULE INCLUDING AN EMERGENCY RULE ADOPTED UNDER SECTON 2001.034 MAY BE DETERMINED IN ACTION FOR DECLARATORY JUDGMENT IF IT IS ALLEGED THAT THE RULE OR IT'S THERATORED APPLICATION INTERFERED WITH OR IMPAERS, OR THERATERS TO LKTERFERE WITH OR IMPAER A LEGAL RIGHT OR PRIVILECE OF THE PLANETEFF. (3). THIS ACTION MAY BE BROUCHT DULW ON A TRAVIS CONITY DISTECT COURT. (c). THE STATE ACENCY MUST BE MADE A PART OF THE ACTION. (D). A COURT MAY RENDER A DECLARATORY JUDGMENT WITHOUT REGRAD TO WHETHER THE PLANETEFF REDUSET THE STRIE AGEWAY TO RULE ON THE VALENITY OR APPLICABILITY IN QUESTION. (E). AN ACTION BROUCHT UNDER THIS SECTION MAY BE BROUCHT UNDER THIS SECTON MAY NOT BE USED FOR DELAY OR STAY A HERROVE IN WHICH A SUSPONSION, REVOCATION, OR CANCERATION OF A LICENSE BY A STATE AGEWAY IS A ISSUE BEFORE ACENCY AFTER THE NOTICE OF THE HERROVE HAS BLOW GLEEN. PLANETEFF-APPYLANT SUITERS SEVER INJUNES CAUSE BY THE DEPENDANTS GROSS NEELIGENCE. THE DEPENDANTS KNOW OF THE VIOLATION DONE IT ANY WAY.

FES. DEPENDANT ACTIVITIES OR CONSTITUTE DISTRICTCONIST BEHAVIOR PLANETEFF INSTEED REVOCATION OF THEIR CONSTITUTIONAL RIGHT TO SELF REPRESENTATION IS SUED BY THE ORDER OF THE BOARD OF PAROONS AND PAROES AT AUSTRU TEXAS ON THE IIM MAY OF

THE PERIODIPLE ISSUE IN THIS APPERL IS WHICHER PERIODITF-APPELLANI CONSTRUTUMAL RIGHTS OF COMMUTATEDN OF SCHIEUKE. AT THE STATES CONFERENCE PROD. TO IT" DAY OF DECEMBER A PROSPECTIVE BOARD MEMBER INVEURRONT. TWO (x) FIVE (s) YEAR DESTSIDN NOT TO GRADE ANDLE-NEET REVIEW DATE SEE: ATTACHED P. RAUDITFF-APPELLANI STREEDING THE DAPPEATANCE TO THE DEFENSE OF THE DECTURENTS IN T.O.C.I-ID. PARKIE BURSTON, ADMONSTRATERS. BOARD PARKL MEMBERS AND T.B.P.P. ADMINISTRATES. BOARD PARKL MEMBLERS. AND STATING: THE MOST DAPPEATRAT PARK OF HIS CASE IS IN THE DECTURENTATEDN. THE COURT MUST SEE THE PROOF OF PLADITIFF-APPELLANI WORMS, IN OTHER WORMS, THAT PROOF IS IN LARGE DUMNTITY AND LIES IN ADMINISTRATIVE AND BEDONSONG TO T.O.C.I-ID. PARKIE DURSTON, BOARD PARKL MEMBERS AND T.B.P.P. BOARD ADMINISTRATES PARKL MEMBERS. THE COVERNMENT APPLIED EX PARKIE FOR AN ORGOL TO RETURN PLADITIFF-APPELLANI RETURN TO T.O.C.I-D. THE PLADITIFF-APPELLANI WERE IFRANSPORTED PURESMANT TO THE ORDER THAT WAS ISSUED, BUT THEY REFUSE TO LOCK AT THE RESOVERY MADE BY THE JUDGMENT SEE: ATTACHED STATES EXHIBIT A P. YOUR HONOR, I AM NOT RISKING FOR HUNDREDS OF HOURS, REALLY, I'M ASKING TO THE RECORDS. TO CATEGORIZE THEM AT LEAST 90 SMARCENAE CAN FING WHAT I AM REDUESTING. DOCUMENT NEVEND ARE AVAILABLE IN PLADITIFF-APPELLANI PERITON RE: SUR SEKELING DEDUARIOEY JUDGMENT. RESPONSE TO DEFENDANTS ORIGINAL RISMNER. DUTER TIME LIMET PETITIDN AND DEDUARIEDN FOR ENTRY OF DEFAULT FILED WITH THE 200" "JUDICIAL DESTREET COURT
PLADITIF-APPILLANT SUSTAIN DEDUARIS AFTER REVOCATION OF HES MANUARITY UNEUPERITED RELEASE AND RETURNING BACK TO T.O.C.I-ID. A RESELIGENCE AND GROSS NEGLIGENCE. THE DEPARTMENTS FILED A PLEA TO THE JURISDICITON, TO WHICH IT ATTACHED SUPPORTING EULDERCE. THAT SQUEREIEN IMMUNITY BAKTED PLADITIFF-APPELLANI CLAIMS. THE COURT DID NOT CONSIDER PLADITIFF-APPELLANI PLEADINGS FOR THE PURACE OF DETATMENTS JURISDICITON.

THE COURT IN THIS CASE WAS REDUDED TO EXAMPLE THE EULDENE ON WHICH PARTES RELIED TO DETERMINED IT A FACT ISSUE EXISTED READING THE ALLEED GROSS NEGLIGENCE OF THE DEPARTMENTS. PLADITIFAPPELLANT PLEAD GROSS NEGLIGENCE TO PLEADING ESTABLISHED SUBJECT MATTER JURISDICITON.

PLADITIFF-APPELLANT WOULD SHOW THE COURT THAT THE DCCURRENCES

*7 MADE THE BREES OF THIS SURT AND THE RESULVING DIFINALES AND DAMAGES SET OUR WERE A DIRLECT AND PROELMANE RESULS OF DERADOMAS NEXICLESKE, FAILNE TO FACTS THAT, IF TAUE WOULD ESTADLISH THAT THE CLAIMS COME WITHIN AN EXPRESS WAIWER OF DERADONS SOVERLION IMMUNICITY BEFORE THE TRIAL COURT HAS JURISDICITED TO PRESSEE. 20. PLADITIFE-APPELANC COMPLAINT HE IS EXCEEIE ENTELED TO MANUARDSY RELEASE WITHOUT RELATED CONDITIONS. AS IN THE RECORD OF THE JUDGMENT, SEE' ATTACHED P. , TEE COUTT CODE ANN CR.SDB. DDD'S NOT CONTAIN AN EXPRESS EXCLUSION SPECIAL CONDITION S.I.S.P. IS PROHIBITED AS A CONDITION OF PARDLE OR MANUARDEN SUPPERLISON, THIS EXCLUSION SUGGERS THERE ARE NO EXCLUSIONS, IF THE LEGISLATURE HAD INTENDED TO PROHIGIT SPECIAL CONDITION S.I.S.P. ELEEPT WHERE EXPRESSLY PROUIDED, IT COULD HAVE EXPRESSLY DONE SO, EVEN WHEN A LIBERTY INTEREST EXISTS IN THE EARLY RELEASE CONTEXT, RATHER, DUE DUE PROCESS REQUIRES SIMPLY THAT THE PLADITIFE-APPELANC PERSON BE GIVEN TIMELY NOTICE IN ADVANE OF THE PARDLE PANEL'S CONSIGNATION OF THE MATTER AND THAT HE BE GIVEN A OPPORTUNITY TO SUBMIT ANY INFORMATION THAT HE FEEL'S BE RELEVANT TO THE PARDLE PANEL'S DECISION DIRECT EXAMINATION QUESTION OF FACT AND AN OPPORTUNITY TO RESPOND TO ALL THE END EVIDENCE THE PARDLE PANEL MAY HAVE RECEIVED CONCERNING PLADITIFE-APPELANC.

PLANITIFE-APPELANC DID NOT ULDLATE SPECIAL CONDITION S.I.S.P OF MANUARDEN SUPPERLISON THAT RESULVED IN THE REGOCATION OF HIS IANUARY (L, 1004, BELEASE BECAUSE VARIOUS STATUES AND RECYING UPON DID NOT APPLY TO PLADITIFE-APPELANC. 21.

RIGHS TO RELEASE TAKEN BY SPEE

PLADITIFE-APPELANC UNITILASAL DECLARATION OF HUMAN RIGHS TO RELEASE TAKEN BY SPECIAL CONDITION LSSUED BY ORDER OF THE BOARD OF PARDONS AND PARKLES AT AUSTIN, TEXAS ON THE IIT DAY OF DELEMMEE 2003, AN ADMINISTRATIVE RELEASE REPORT, LEGAL ACTION WITHOUT INTERFERENCE FROM PERSON STAFF, BUI DANEY JUDGES STILL CONTINUE TO BELIEUE THAT THE COURTS SHOULD LET PERSON OFFICIAL MAKE THE RULES, NO MATTER WHAT THOSE OFFICIAL'S DID, JUDGES IKEEP THEIR HANDS OFF PERSON ADMINISTRATION, IS U.S.C. SECTION SULS (H)(S) TEAM AND CONDITIONS OF PARDLE OR DEVERSIONARY PROGRAM: E. J IS U.S.C. SECTION SL2L. APPROPRIATE REMEDIES WITH RESPECT TO PERSON CONDITION (A)(I). PROSPECTIVE RELIEF

*8 In any CRIU action with respect to Pleson Conditions Shall Extend No function than necessary to correct the indication of the federal flow of apondle the const SHALL NOT GRANT OR APPROVE ANY RESPECTIVE RELIEF UNEES THE CONAT FUNDS THAT SUCH RELIEF IS KARBOWLY DRAWIK, EXTENDS NO FURTHER THAN NECESSARY TO CONRECT THE UDIATION OF THE FEDERAL FLENT, AND IS THE LEAST INSTALLIVE MEANS NECESSARY TO CONRECT THE UDIATION OF THE FEDERAL FLENT.

VI JURISDICTION BREED ON GENERAL "ARIENE ANDER PRINCIPLES

PlANtleff-APPelLAMT CONtSting TEDS DEPRAINENT OF CRIMINAL JUSTIC, PRROLE DRIVISIDIC, BONED ADMINISTRATOES PANEL AND TELAS BONED OF PARDONS AND PAROLES, BONED ADMINISTRATOES, BONED ANEL, HAS UDIATED POST TEAL RELHIS AND OPTIONS THAT WERE FALLY PROTECTED.
PLANtLfF- APPelAMT CONtLNTON RECEENE ADMINISTRATIVE ERROR MADE BY T.O.C.J-ID. PRROLE DRIVISIDIN. BONED ADMINISTRATOES PANEL AND STATE OF TELAS BONED OF PARDONS AND PAROLE. BONED ADMINISTRATOES PANEL. PREPAMANCE FALLS WITHIN THE WIDE FAMME OF RELSON AND PEOPLESION DE STATESY, AND DUE PROCESS CLAUSE OF LAW PROCESSING OF THE TELAS CONSTITUTION SEE: U.S.C. CONST AMEND XM: TEX. CONST. ART.I. SE. 19, GES SHALL 935, 940. (TEX. CENTH. 1979 PRROLE WAS DEPACIENT WHEEL THERE WAS NO PROPERLY EUDENTIAL RECORD DURLOPED.

THES APPLY DENONSTRATED WHAT TEES DEPRAINENT OF CRIMINAL JUSTIC, PRRCE DURSING AND STATE OF TELAS BONED OF PARDONS AND PAROLES BONED ADMINISTRATOES (PANLWENBRE) HAS LENG RECOGNITED. LES., WITHOUT DOAR THE RELOCATION IS A CETTERI STINE OF THE PROCEEDINGS. IT IS THE ONLY OPPOLTUNITY TO PRESENT TO THE TREAL CONST CERTAIN MATTERS THAT MAY WARRANIT REINSTATEMENT, AND MAKE A RECORD OF THE WATTER FAR REVIENK, HOWEVER, A SERIOUS PROBLEM ARISSE WHEEL, AS HELC, A CHEC SHARTONES SUPIS) THROUGH THE CARK, AND NEECEED TO GIVE PLANtLFF-APPelant PRESSING FACIAL LIFERENCE WLKWELY STATENE THE WURERLYING FACTS ON WITHIN THE LIFERENCE IS BASED 42 SHI 3 d 291, SEE. U.S.C. AMEND XM: TEX. CONST. ART.I. SE. 19 ATY GEN HAD WAS WITHOUT PROPER EUDENTIAN' RECORD AT HEARING MAY 13, 2015. FOR A PLEA TO JURISDICTION SEE: JOHNSON THE SHI 3d 14.79.

VII ADMINISTRATIVE REMOVAL OF JURISDSTION

Alleviation Chaliellane Plea to Jurisaltion - the teors preale Status and the Reuocation of PLANtIFF-APPELAMT tTAMMARY (L. 2004 BeLENAE, MODERDING THE StATE TAKES THAT POSITION THAT PLEA TO JURISOLTION IS RECESSARY. IT IS NOT, PABME REVOCATION PROCCONDES AND ISSUES. PROCESSING THE DETERLION CHARALHED OF DID NOT RELSE OUX OF PROCESS ESSELD BY A STATE COURT.
PAINTIF-APPELAMT IS NOT CONTESTING THE LEGALITY OF HIS CONVITION OR THE VALIDITY OF HIS INIETAL SENTEMEE OR JUDGMENY IN THE 185TH JUDICIAL DISTRICT COURT OF HARAES CONVITY RATHEE HE IS CONTESTING THE MANNER IN WHITH IT'S BEING EXECUTED BY THE TEAS DEPARTMENT OF CRIMINAL JUSTICE, PARADE DIVISION, ADMINISTRATIONS BOARD PANEL MEMBERS AND STATE OF TEMS BORGO OF PARSONS AND PAPCEE BOARD ADMINISTRATIONS PANEL MEMBERS PLESSUANT TO THE PROLISIONS OF TEAS GOVEMMENT CODE SECTION 2001.038 WHICH PROVIDE ORIGINAL JUDISOLUTION WHERE AN ASSOCY RULE THREATENED OR IMPADEED LEGAL RIGHTS OF PLANIFF-APPELAMT, STATUTES AND LESISLATION PROHIBITED I PLANIFF-APPELAMT FROM UNDERSTREING CERTAIN ACTIVITIES, TO CONTINUE HIS EDUCATION, PARTICIPATING IN LABOR OCCURALE HISTK REBARD TO ELECTROHIC MANITORIKG, URINAUSIS, DERIVING RESTRICTIONS AND CURFEN.
THE EXIDENCE IN THE RECORD CONCLUSIREY SIGNIS A FACIDE MORTING PAPCEE REVOCATION, IN FACT THE RECORD IS BECCH OF EXIDENCE PURSUANT TO WHAT AUTHORITY AND FOL THAY MATTER, IMPOSSIBLE FOR THE COURT TO DETERMINE DEPENDANT-APPERCE UNSPECIFIC REVOCATION JURISDICIION CLAIM.
PLANtIFF-APPELAMT MEEF THE EXHAUSTION REDUUREMENT BECAUSE THE COVERNMENT DID NOT RESPOND TO PLANtIFF-APPELAMT ADMONISTRATIVE COMPULANT WITHIN SIX MONTES, INTENTIDUAL INFLUCTION OF EMOTINAL DISTALS ANDSES WHEN SOMELINE PURAGE FULLY DOES SOMETHING OUTRADEDUS THAY MAKE You FEN UPSET, (1) THE DEPENDANTS ACTED IN A WAY THAT IS EXTALWELY OR DUPRECEUS FOR THE PURAGE OF CAUSING EMOTINAL DISTALS (2) THE PLANtIFF-APPELAMT IS ACTUALITY SUPPLIME SEVERE OR EMOTINAL DISTAES (3) THE DEPENDANTS APPERCE CONDUCT CAUSED THE EMOTINAL DISTALS.
PLANtIFF-APPELAMT ASSUME IT IS SUBSTANTEALLY LEEELY THAT THE COURRAGE AND OTHER EXECUTIVE AND CONGRESSIONAL OFFICIALS WOULD ASSURE BY AN ADMONISTRATIVE INTERPRETATION OF THE ADMINISTRATIVE BELEASE REPORT STATURE AND CONSTITUTIONAL PROLISION BY THE 185TH JUDICIAL DISTRICT COURT HARAES COUNITY, TEXAS DISTRUIC COURT CAUSE NO. 375536 AND 375537, EVEN THOUGH THOY WOULD NOT BE DIRECTLY BY SUCH A DEPENDINATION.

VIII. SIMADISTRATURE CHARLANT

*10

UPon INFORMATION AND PELIFF PLANIFFE. APELLANI DABEATE THLNE IS OPERATENIS ADVERSITENTIEN

TENNIBATES THE BESOIITION OF THIS ISSUE IS FAR FROM BERNE PRESIDER RIDE. TRAUIS COUNIT COUN' SHOULD HAD SHOISET MATTER JURISDETION DUE PARKIFF APPRENANTS CLADO. PARKIFF APPRENANT ADEUE CONVESSEIV, WHIIL SUBJET MATTER JURISDETION IS CHALLENDED UNIER PECERAL RULE CLUE PROCEDURE 12(b)(1). PARKIFFE APPRELANT HAS THE BURDEN of PROVINE JURISDETION IN DUBEUR To SUPPLIER THE MOROON. PELIAPS EVEN MALE IMPAIRMATIV, WHEN A RULE 12(b)(1) FARILAC TO BEAVE A CLADO UPON WHICH RELLEF CAN BE EAMIITED. MOROON IS CONVERTED TO A RULE SE. MOROON TO SUMARIAN JURERIAN. THE COURT. UPON FAMILYE A COLLINCE IPSUE AS TO MARIERAL FACIS MUSI' GENU THE MOTION, WIIRERAS ON A RULE 12(b)(1) CHALLENCE TO SUBJEET MATTER JURISDETION, THE COURT IS EMPOWERER TO RESolve FACIAL DISPUTES. PARKIFFE-APPELLANI RESPONO TO DEFINDAHY PLANOINGS.

PURSUNG TO RULE ST FEDERAL RULE CLUE PROCEDURE FOR DISTARIENE A DEDIANADON JURGMENT UNDER VERNON'S TEGS CEDR ANNOTATED SECTION 2001.038. SEKERIC DEDIANADON JURGMENT THE ACTION MAY BE EROUCHY DURY IN A TAKUIS COUNITY DISTRICT COURT. EVIDENCE DIO NOT SUPPLI DETERMINATION THAT DEFINDAHY HAD ENERGED IN DELAY OR CONTAMACEDUS CONDUCT SO CLAIR AS TO SUBTACK DEFARLY JURGMENT. FEDERAL RULE CLUE PROCEDURE 55(b)(1), 28 U.S.C.A. APPLEARIETY OF GENERAL RULE 81 (a)(1) LAW APPLIABLE.
UPON INFORMATION AND BELLEF THE ISSUE IS WIILER TEGS DEPARTMENT OF TEGAS DEPARTMENT OF CERMINAL JURICE, PAROLE DEDISEON AND T.B.P.P. DEFINDAHY IN A SUIT MAY 13.7015, "APPENDON" IN ACTTON, WITHIN THE MEMERIKE OF FEDERAL RULE OF CLUEL PROCEDURE 55(b)(1), WHEN IN MALEO A MOTION TO DISMALSS TO THE CELVY OF THE COURT AND SENT A COPY TO THE PLANIFFE-APPELLANI "HOWHVE" BUT THE CLUEK REFUSE TO FIL AND ROTUM II TO THE PRAY BECAUSE THE MOTION DED NOT COMPLY WITH THE LOCAL RULES.
UPON INFORMATION AND BELLEF RULE 52 OF THE FEDERAL RULES OF CLUEL PROCEDURE PROVIDES WITH RESPECT TO FINDINGS OF FACT, WIILERIA BASED ON DRAI DO DOCUMMATARY EVIDENCE, TO SUPPLI IT. A DEFINDAHY IN FEDERAL COURT IS ENTERED TO AN ADVERSIVE SPORTUNATT TO PRESUNT A DEFINSE WITHOUT SUFTERINE A POSISIKE DEFINHY JURGMENT. FEDERAL RULE CLUEL PROCEDURE 55 (a). PEAMIT'S A DEFINLY ANALYSIS A PRAY WIILERI II HAD A POSISIKE PRESICE TO DEFINO THE SUIT: THIS REQUISING COMMUNICE WITH THE PROVISIONS OF RULE 55 (b)(6).

*11

UFon Infomarizow And Belief Reunoff-Affellant Dabier the Cunars Joussoxion Lomar.
Ufon Infomarizow And Belief Pewnoff-Affellant Dabier Pewnoff-Affellant Is Beconacd To Show Facts the What Be Chnacctarizd as Pewnacdly Jussoxion.
Ufon Infomarizow and Belief Pewnoff-Affellant Dabier the Facts Pecs Affomancally Demosistartive Democstare tion Jussoxion Eves.
Ufon Infomarizow And Belief Pewnolif-Affellant Dabier a Plea Sthold Nor Be Ghanter If a Fact Issue Is Preseared as to the Cunars Jussoxion. Lessilaruae Sratefe Tef, Const. Ar.1.Sec.17. Estrabloyh A Tebate Cunm Unser Arz1.3u.17.
Ufon Infomarizow And Belief as a tikeym Munter, the Aphorquare Sramona For Review To Utilize When Assezzine the Couar Rulave Do Abmoasistartive Aetion is nor Reflected By the Recora de Parform An Illesal Act de Sone Extentor Thecol.
Suffous Carewous Loss For Suill Proccousal Projections as the Praxiculam Strustion Demanos. Proccounes Due Process Has Bose Effortes By Conanmancural Aetion U.S. Const. Amord U. YW, IsS remancation Caves For some debued Procts. Howccec, Enformad.
Plaintiff Aprellant Have Nor Beow Cues an Oprtutivity For A Hecnare. Puce To The Finkal Deccsion on Rewocation By the Pnode Antieunity. A Hercune Basis For Moat tion Determinanc ProDable Cnus: One tHar Leads to a Fink Eviluition of Any Contested Deluant Facts and Conscibation of Wiftrtice the Facts Determined Whorant Rewocation. Plaintiff Aprellant Must Be Cues a Opresionity To Be Hcand And To SHev. If He Cew, the He Dso Nor UIDlate the Conuitions On If He Ded, tive Cacomstances In Mictication Sucess then the Ucolation Does Hor Whorant Rewocation.
To Wrathult the Pinnitiff-Affellant Conriuned Detention And Retow To the State Confectional Insuition Pewconic The Finkl Deccsion. Rewocation Is Nor Basco Do Conuition of Anotica Curve. Cunars Beassion tive Pnode Is Culy A Confectional De voce Antieuzzoic Seauce of Sentence Durssce the Puntitutivey" "us Fad yrs]nv. ynt. the Parace Is Sall. 'Im Custodn". Aeternonely, the Casef of Apleal Was of the Urem tive Passon diffeats Must Have Leace Desceftion In Mulinc Rewocition Dettamencations. And that Cunars Shatid Refres tivex trantionm Reluctane To Infatice Wern Desplenant Muftress Propuls Unser The Conted

*12 of State Prizow mitrioutry.

EeAmswiatow of the nature of the antirety of the Pradicty Applianit imtrees of Lideun, the Lideaty of Prandity Applianit enroses them to do wade trivge of rendes who shove was been connected of a ceumal, the Ranity-Applianit was been delesaed From Alesow Basco on exaluntion that he siewes Reaowade Prismse of Being Aale to becomin to Seciety an Fmiction as a desaristele. Self-helianr Passow. Suriter to the Comititions of Has delesse. Amside. He can be danifully employed and is free to be with his family and friends and to form the enouming Attachments of Natural Life.
It is not SOPHISTE to Attach Genter Immerance to a Passow's Justreale Beinwite. In manitrameth us conatitional Receona so lowe as he adides by the comititions of Has delesse, then his mere Anticipation on Hore of Receona.
Ranity Applianit Comdemed To Sufted Catewus loss as to Leoune Crateow of Authority that due Prdcess Is Reeide and ones for such Receonal Printeress as the Pradictian Seunation Demanees. Fifth and Eadteenth Abmoanments. Abmoresentartially Intreerable. Prinde Has distroyed Ranity Applianit to woumal and useful life with in the law.
Ranity Applianit admoresertative Reuove addeer of Prinde and Reuoveantri. Hemanes the Reciprocitions Hemanes Catewus Printeress Have Remaned Recuriedly Immutable in Jukes Printeres. One of these is wiede Cevceumemoral. Aetow sually iniurates an Imdictional, and the Reaow addeNess of the Aetow Demones on Fact Eendines. EvideNCE uses to prove the Concenments Case must be disclosed to the Imdictional so that he Has an Depoertuntry to show that it is untrue, while this is true in the case of Decumentary EvideNCE, it is even made important wheile the EvideNCEs Consists of the Testimony of Imdictual's wibse memory misat be Fablet on who do Fact. misat be Pecuares on Passow's MNTMUTED BY MALLICE, VINDICITIVENESS, INICIERANCE, PECIUDICE, OR TEALDUSY. RANITY-APPELLANT RECEEVED UNCONSTITUTIONAL INFEVENENT OF PRivile of Abmoresertive an Judiciary SEE! MORREISSEY etal. V. BREWICD. NO. 11-5103 MORRICH COURT OF UNITED STARS 406 U.S. 411.412 SZT1598: 33.1.EA.454:H7L.
Ranilyf Applianit edble on Johnson Bediunf this action in the rews count SELEtive Primarily to AILEGE Deprecation of Life. Ideely in due course of law on SOMAL EXTENSIONl THEIRDf. RANITYAPPELLANT ASSD ASSCRT JUDICIAL ALLENATIONS UNOEL Stare.

*13

UPA INFORMATION AND BELLEF SPEEIV INHOLD PRESUNATION OF DEPENDANTS FALLUAE A DILY AUTHORIED AGEIVT OR LEGAL REPRESENTATIVE SAOSEACTION TO THE CONDAMMENT IS TO SUBMIT WITH SAID RESPONS ESTABLISHING EXPRESSING AT ACT FOR THE DEPENDANT. A CILADM PRESENTED BY AN AGEIVT OR LEGAL REPRESENTATIVE IT MUST SHOW THE FITLE OR LEGAL CAPACITY OF THE PERSON 18 U.S.C. SEPTON 3616 DETAWEE US, 28 SECTON 1331 JANES ARBEYRANE ARMEST AND DETERITON AND THE ARMEST THE REENT TO FAIN AND PUBLIC HENEDING IT ALSO ENTHEDIES THE DIZENE TO AN ADEQUATE STANDARD OF LINKING FOR HEATH AND WELL BEING, THE REENT TO WORK, EDUCATION, MEDICAL CARE AND OTHER ESSORITAL SERVICES, AS WELL AS THE AGEIVT TO FREEDOM OF OPERION, EXPRESSION AND PONCEFUL ASSERALLY AND ASSOCIATION AMONG OTHERS; TITLE II OF THE CIVIL RIGHTS ACT PLAY 42 U.S.C.A. SECTION 2000 E 142 U.S.C.A. 1481 EDUAL RIGHTS WNDEL LAW AND THE THEREMENIH AMENDMENT.
UPA INFORMATION AND BELLEF A PARIY MALES A GENERAL APPERANCE WHENEMED IT INHORES THE JUDGMENT OF THE COURT ON ANY QUESTION OTHER THAN JUNESSECTION, OTHER TIME LEMIIT TO COMPLETE APPREHENSION OF THE PLANITEF APPLLANT FOR THE PUREDSE OF SECONDIE THE AMINISTRATIVE RELEASE REPORT FOR AMINESSTRAYEOMY BASED ON AULES WERE NOT AROPIED IN SUBSTANTIAL COMPLLANCE WITH PROCEDURAL REGULAIEMENT'S FOR AGENCY RULE MALEING CONTAINEN IN THE AMINISTRATIVE PROCEDUR AET.
UPA INFORMATION AND BELLEF (1) PUBLWANT TO FEDERAL PULES OF COUL PROCEDURE SIS (b). AFTER ARMEST PULT WHICH FAILED TO PROVIDE FOR ANA HEARING WITH RESPECT TO PRUNATE LITERLST THAT WILL BE EFFECTED BY THE OFFICIAL ACTION (b) THE RESK OF AN ENDOWEOUS DEPRIVATION OF SUCH LITERLST THROUGH PROCEDURES USED, AND THE PRODRALE VALUE, IF ANY, OF ADDITIONAL OR SUBSTITUTE PROCEDURAL SAFEGUARDS, AND FAMILLY, THE COVERNMENT'S LITERLST INCLUDING THE FUNCTION INVOLVED AND THE FISCAL AND ADVOLISTRATIVE PUBLERS THAT ADDITIONAL OR SUBSTITUTE PROCEDURAL REOULGEMENT WOULD ENTAIL. FAULD TO CONVEY WITH THE DUE PROCESS CLASS.

N.
REHAUSTION OF LEGAL REPREDIES.

PLANITEF-APPRELANT EDDIE ON JOHNSEN, USED THE PRESUNCE EREEVANIE PROCEDURE AVAILABLE JAMES 8. LONDON to TEX AND SOLEE THE PROBLEM. OCT 18. 2005,

*14

Platurff Applinar presented the fars meactur to this comparant, on our 18 loss, Gor response satedh that the issue presented is usr Gatrevade, see: Artuches P.

$X$ .

UNIVISPURED FACTS NOT AUSTROVED IN PLANITURER

so. Count Proccmures, rules and Reputation of the Count System Constructional Rearrs EOuce Dov followin to Human Reclanation Rears Wose Deured. Aesternment the most amportant part of hes case is in the documentarions, the conur most must the the Pecof of oun wobabs, in other wobabs. Defense has nor obtained a conur dader to make documentarions available to defense be deficient ar the same time, can show stres in the course of business to uusture for defenndants amended Plea to the Justs direct and that Pracificf Applinar Clams Be Desmussed With PecIudice for lack of Suotier Maitre Justsdiction Who wirt for Pablic be defone 207. Release while Defense Pene thee Invoccase with wortend to Wosek with - To Make And AdELure DEFENSE. 51. JOANTHING THAT ACTINl EXIST, AN ASPECT OF DERILTY. TUMBABLE THINGS, ACTINL OOUEEANCES, AND RECACTINGHIPS, BUT ADO GRIES OF WIDD OUCH AS INTECTIONS AND DERIGNS. (2) AN APTINl OR ALLENEO EVERY OR ELEEUNSTANCE, AS DISTINGUISHED FROM ITS LESAL EFFECT. CONSEQUENCES OR LITERPETRATION A FACT IS ANY ACT OR CONDITION OF THINGS, AS SUNED (For the MOMENT) AS HAPPYLING EXESTING (CHMANNIN) RESSE OWENS COULD HAR DECOMED Pablic Supranest. JheOULture CHEMSTAL DID EMPISE CONDITION Y ON PABLIIF- APPELLINF AND SHOULD BE IN COMMUNICATION CLAN WITH HOL FOR DOOMG So. 52. Count SHOULD RECEDE DILARA PER EARLY AF THE PLANITUR GREE OF LITERATION IF POSSELLE, HEAE THE LEGISLATINGE MANUARY IS NOT SO SENPLE, BUT BY STAIMY CUNIC OF ACTINF DOLLRENIN IMMUNITY FOR MEDISENT USE OF THE DEPENDENTE (i) THE DEPENDENT To Specify WIFETIIE IS To PLEA To JUNICIETING IS A CHALLENCE IS THE PENGLINE LAY APELLINI CONDITION EYELEPTINGION THE EADENCE BY SUMMANN JUDENENT( $E$ ) THE DEPENDENT'S To RESAME IN CONTELANCE WITH THE RUBS OF CENT ADOLENCE, ADORESSED THE COMMUNIZED! JUDENENTY WOULD CLAILFF WHAT THE JUDENENTION BY CONTINUIT RELIVING ON STANDARD PROCEDURE MOTION WOULD ELIMINATE MENUY DUESTIONS ABOUT DOLLLENTS, FACTS, ANY EADENCE

XI.

SEXEPTICE BATA SENSICHIE BATA SS. DESCRIPING OF THE EACTSIN A WAV THAT WHAT HAPPENED, WHIDE, WHICH, WOOD, BY TIMAC, DATE, OR EVERY.

*15

YII

FACS AND PROCIRATING.

54 UPOW INFORMATION AND BELIEF PLANETIFF-APPELLANC CLADA TWA EVIDENE OF 9 ADMINISTRATIONS KNOWLEDGE AND COMPLLANE ULTIM ADMINISTRATIVE BEIEASE STANDARD IS RELEVANT TO BEFERMINATION AND APPLICATION OF STATE LAW.

IN 1981, TEES LEGISIATURE EXWITED TEY, GON'T. BOOEE COOE ANNI SECTION 449.027. ESCOLINE IN MATES (b). AN INMATE IS NOT ESCOLINE UNDER THIS SUBEHAPTER TO BE CONSIDERED FOR RELEASE TO DITENSIVE SUPERVISION PAROLE IF: FOR AN OFFENSE FOR WHICH THE JUDGMENT CONTAINS AN AFTERNATIVE FINDING UNDER SECTION 3 F (a)(1). ARTICLE 47.12 COUE OF CRIMINAL PROCEDURE SECTION 19.02. MURDER.

PLANETIFF-APPELLANT REFUSAL TO ATTEND WEEKLY MEETING AND REFUSING TO WEAR ELECTRONIC MONITORING. OLYICE FUORISH NO BASIS FOR AN ARREST, ALTHOUGH IT MAY ALERT THE ADMINISTRATIVE OFFICE TO THE NEED TO THE PROPER CIRCUNSTANCES, SUCH AS THOSE IN PLANETFF APPELLANT JUDGMENT.

PLANETIFF APPELLANT IANUARA 16. 2004, RELEASE IN PROVISION OF THE 19.02. PENAL COOE OF THE $65^{TH}$ LEGISIATURE AND PROVISIONS OF LEGISIATURE BY ISSUE WAS CONSTRITUEDNAL APPLIED. PAROLE BOARD CHARMANN CANE ERADAED INSTRUETTENS, MES LEADING OR STATES THE LAW INCOAREt A UDDIATON OF STATE LAW. FEDEAR. DUEE OF CHIL PROCULTURE RULE 51 (d)(1) PLAN ERADA AFFETS SUBSTANTIAL ALGHS

VERNON'S TEES COOE ANNOIATED, VERNON'S TEES COOE AND STRUTE ANNOIATED CONUET CRIMES NOT EMOTIONS. THE CONSTRUCTION OF THE UNITED STATES ANTICES IN ADOPTION TO AND ANNUADMENT OF THE CONSTRUCTION OF THE UNITED STATES OF AMCANA, PRO POSED BY CONGRESS, AND RATIFED BY THE LEGISIATURE'S OF THE SEUCHAL STATES PULSUANT TO THE FEFTH ARDICE OF THE DADENAL CONSTRUCTION AMENDMENT IV THE RUSHTS OF THE PEDILe TO BE SELURED IN THEIR PELSONS. HOUSES, PAPERS AND EFFETS ARADIST UN BEASONABLE SEIZURES SHALL NOT BE UDDIATED. AND NO WARMANTS SHALL BE ISSUE, BUT UPW PROBABL CAUSE, SUPPORT BY AFTERNATUCELY, DESCRIBING THE PLACE TO BE AND THE PERSW TO BE SEIZED.
TO ESTABLISH JUNESOLUTION FAILURE TO ELEVESSE THE STANDARD OF CAME THAN A REASONABLE PUDENT PELSON WOULD HAVE EXERCSED ON A SIMILTAR STIRATION.

*16 DEPENDANIS CONOUET FAIL BEIGW THE LEGAL STANDARD ESTADLISHED TO PROTEX AGAINST UNVEASURAGE RESE OF HARM DEPENDAN'S CONOUET IS INTENTIONALY, WANTONLY, BE WILKFULY DISSEQUABFUL OF PLANITIF APPLLANT ALISMS, THE DOOMG OF WHAT A REASURAGE AND PUBLANT PRESS UNTULO NOT DO LARDEA THE PARTICULAR CIRCUMSTANCES OR THE FAILURE TO DE WHAT SUCH A PRESS WIILD DO UNDER THE CIRCUMSTANCES.

TO ESTABLISH JUDISDICTION PLANITIF APPLLANT ELELLAIN THAT BECAUSE A COURT NOT ACT WITHOUT DETERMINING THAT IT HAS SUBJECT-MATTER JUDISDICTION TO DO SD. IT SHOULD WHAT EXIDENCE AS NECESSAN TO DETERMINE THE ISSUE BEFORE PROCESSING WITH THE CASE.

VIII.

PINCLUSTON

SB. UPEN INFORMATION AND ISLLEF DESCRIPTION OF THE FACTS IN DETAIL ARE THE BASIS FOR THIS APPERL. INCLUDING WHAT HAPPENED, WHERE, WHEN, HOW AND WHO WAS THERE BY TIME, DATE OR ENCHAT.

PLANITIF APPLLANT STRESS THE IMPORTANEE TO THE COURT, THE MOSF IMPORTANT PIRF OF HIS CASE IS IN THE DOCUMMSTATION. PLANITIF APPLLANT IS ELIGIOLE FOR RELEASE FROM PRESS TO MANDOLE UNSURAUSE RELEASE BUT SUEH PLEASE WAS DENIED. SEE. TEL. COWY CODE SEEING SDE, HT, HT. PANITIF APPLLANT AGEUE THAT DUE PROCESS EJEHY WELL UDIATED BECAUSE THE TEXAS BEARO OF PRESSAS AND PRESIDES DED NOT PROVIDE HEMA NOTICE OF SPEETAL CONDITION SISSP. FOR RELEASE TO DISSECTIONALY MANUATORS SUPOLIISION, BEFORE MAKING, IS DUEISION. THIS PLANITIF APPLLANT HAS NEVER BEEN INFORMED IN WHAT RESPET HE FAIL'S SHORT OF DUALITING FOR RELEASE. RESUMENT 28 U.S.C. SEEING 2241 UNITED STATES U. GARDA HIS FED TEL. 17.18 (5th OR 1490) PLANITIF APPLLANT CIARA THAT DUE PROCESS UDIATING DEUWARD WITH HE WAS BULON A "PAGE RELEASE" DATHER THAN A CERITERIY OF DISSEQUARE.

THE INCONSENTINGY WAS CORRELSED IN PIRS, WHEN THE LESIGATURE FAMMALY NOTED THE PARTICE OF DISSEQUARE OF A SENTENCE. SEE, ACES PIRS. 69 LEG. LAL 239 SEEING 80 (28) THE REPRELING ACT PROVIDED THAT IT DID NOT APPLY TO INNAIES (WHO HAD LESS THAN TWELVE MEANING REMARKING BEFORE BERNS EUEESE FOR A DESCURGE CERITIFATE. PLANITIF APPLLANT CONTING THAT HE MEY THIS CRITERION (...). PLANITIF APPLLANT CONTING THAT HE WAS DENIED DUE PROCESS IN CONNECTION (1). VIOLATING REPREING TO WHAT AN ELECTRONIC MONITORING DEVICE (1) HIS RETURN TO TOEJ-IO. PLANITIF APPLLANT NEVER GIVEN OPPORTUNITY TO EFFER MUTIGATING EUROENCE. LITTLE AUTHORITY ELESTS TO ELECT FACTS NECESSAN TO HELP HEARING OR COURT TO DISPOSE OF THE

*17 MATTER AS LAD AND JUSTICE REDUAC. IN SEKH PROGEDDING PLANNTIFF APPLLANT SET FOLL H SPEEIRE AIIEATING OF FACTS. ELECTRONAL CEREUMSTANCES WARMANI SUEH AN APPORTMENI OF COUNSEL.

SA. BADED ON THE FOLEEDING ELECTRONIC ANALYSISING CONACTION IMASSED UPOW RELEASE. AS A PLEDUISITE TO RELEASE. PENIMIFF APPLLANT TO ABLDE BY THE CONDITIONS OF PABOLE. PENIMIFF APPLLANT STATE A FODUAL CONSTRUIIONAL HIGLATING ENTELING HUM TO DECLAMATORY JUDENOMI WITH RELAND TO THIS TIME EMREICATE DUE PROCESS CONCEANS.

6D. THE DEPEND AMY CAUSED WILLIUM OR MALLCOUS INJURY, PLANNTIFF APPLLANT SUFFERING SEVERE INJURIES CAUSED BY DEPENDANTS GROSS NEALIGENCE. DEPENDANTDN WHERE JURISDRITON BY REFERENCE TO PLEADING EVIDENCE. DILATORY TAKTES BENIED THE REMEDY TO INJURY DEPENDANTS OR JECTIONS TO VENUE PLANNTIFF APPLLANT MUSI COMPLY WITH REDUINEMENT OF APPEAL OF RULE AND DEAGLENES MAY USE CASE IF HE GUESS WOMEN. SOLELY BY EVIDENCE.

VK. PERMICK FOR RELIEF

WHOLE FORE PLANITIFF APPLLANT RESPETFULUY PRANS THIS APPEAL ENTER JUDENENT CRAWITING PLANITIFF APPLLANT

FATHER DIDG YOUN HANDS I COMMETT MAY SPIIIIT AND ABSOLUTE TRUST, DUR BLESSED (DRD) STATED THE TRUTH, THE FACT, OF THIS THING. COD CRAWIT THE WE ALLE BE IN THE BLESSED PEXITION.
A DECLAMATORY THAT THE ACIS AND DIMENSIONS DESCRIBED HELETH UIGLATED PLANITIFF APPLLANT RIGHTS UNOLE THE STATE LAW, CONSTRUIION AND LAWIS OF THE UNITED STATES.
A PHELLMOKARY AND PERMANENT INJUNCTEDN DIDDENING RUSSER DWIENS TO RELEASE PLANITIFF APPLLANT.
COUNTERDRAWLEE ALL OPPORJUNITIES AGAINST EACH DEPENDANT, JOUNITY AND SEVERALLY.

*18 LS. REVEASE THE PANCL DEUSION ENTERED AND WITHDRAW THE EDGARD'S CONDORTOOF WARMANT AËADIST PLANETEFF APPLLANT.

RELEASE FROM SUBSTANTIAL ERROR IN THE RELOCATION.
COUNTER BAlANCE VIGLATION OF LEGAL RIGHTS, FOR WHECH THE LAW PROVIDES A REMEDY OR JUSTICE, ON ALL ISSUES TRIABLE ISY JUAY.
COUNTERBALANCE. THE EXISTENCE OF A DUTY ON THE PART OF THE DEPENDANT TO PROTEET PLANETEFF APPLLANT FROM THE INJURY COMPLAZNED OF IN THIS SULF.
COUNTERBALANCE INJURY TO THE PLANETEFF APPLLANT FROM DEPENDANTS FALLURE CULPABLE CARLLESSNESS. ANY ADDITIONAL RELIEF THIS LOWER BEEM JUST PROPER AND EQUITABLE.

JUNE 15:2015 RESPECTFULLY SUBMITTED Eddy. Mon. Johnson 236423

XV.

VERLOCATION

I EORIE DON JOHNSON, TOCS-LOH 364033 BEEING PRESENTLY INGARCEANED IN JAMES A. LYNAUGH UNIT. PEDS COUNITY TEXAS. HAVE BEAD THE FOREGOING COMPLAINT AND HEREAS VERIFY THAT THE MATTERS ALLEED THEELIN ARE TRLL, ELECT AS THE MATTER ALLEED UPON INGRANATION AND BLUEF, AND AS TO THOSE I BELEVE THEN TO BE TRLE. I VERIFY UNDER POWALTY OF PERJURY THAT THE FOUR EANG IS TRLE AND COMBET.

Eddy. Mon. Johnson 236423 EDDIE. ON JOHNSON 236423

XVI.

OESTIECATE DE SONDICE

I CENTIFY THAT AUGUSTU TO TROP 21 AND 21d A TRUE AND CONRECT OF THE APPERL. BREEF APPERL NUMBER D3-15-DOSUS-CY TREN COUNT DISL. NUNGED D-1-ED-15001602.

*19

EDDIE DOH JOHNSONI

K

State of Texas

EEECHTED AT FORT STOCKION. TEXAS 79735-4795

JUNE 18.2015

SIZKATURE

Eddie Don JOHNSON H. 434033 EDDIE DOH JOHNSON H. 434033

*20 PAGES $I O$ THALL US THE EUROENTRAL DOCUMENTS UEDLATEN'S ELEST. I'M NOT AGBL OR PEMMSTTED COPIES. LIMITED PABINTEFF-APEELANIT A PLANOOD ADEQUATE COPIES.

SENSITEUE DATA WILKITCH STREEMENTS: DRIELNALS OR COPIES: SOMILTRADLE AS REPEATS ABOUT THE TERMNEOUES WHAT HAPPENED, WHERE, WHEN, WOW, WHO WAS THERE, DESCRIPTION OF THE FACTS BY TOTAL DATE, OR EVERY.

*21 WHITES OF THE 10 S A DISTRICT COURT OF HARRIS COUNTY, TEXAS

$& a m p; AT THE LUGGEST TEXAS, A. D. 1983 \ & a m p; ORGINAL ADISTICS PENNING FUND FEE ASSESSED....................... 200, 00 \ & a m p; LIM CHRONICMENT OFFICEN STANDARDS AND EDUCATION FUND.............. 1,00 \ & a m p; ORGINAL ADISTICS PENNING FUND................................... 15, 00$

TOTAL............................... 200,00

JUDGMENT

375556

THE STATE OF TEXAS

DOLL Don Dedman also looks

Attorney for State: 1. Asset. Dist. Atty. 2014

Attorney for Defendant: 1984

TOTAL

*22 And thereupon the soid Defendant was asked by the Court whether he had anything to soy why sentence should not be pronounced against him, and he answered nothing in her thereof. Whereupon the Court proceeded, in the presence of the soid Defendant, to pronounce sentence against him as follows, to wilt "It is the order of the Court that the Defendant, named above, who has been adjugged to be guilty of the offense indicated above, a felony, and whose punishment has been assessed at confinnent in the Texas Department of Corrections for the period indicated above, he delivered by the Sheriff of Norris County, Texas, immediately to the Director of Corrections of the State of Texas, or other person legally authorized to receive such convicts, and soid Defendant shall be confined in soid Department of Corrections for the period indicated above in accordance with the provisions of the law governing the Texas Department of Corrections."

The soid Defendant was remanded to jail until soid Sheriff can obey the directions of this sentence.

Signed and entered on this the 16 day of $C_{0}$ report, A. D.

And the Court further found that a deadly weapon, to-wit, a firearm, was used during the commission of this offense

ON the 13th day of September, A.D. 1985, the Court having overruled Defendants To which action of the Court the Defendant then and there, in open Court, exceeded and gave notice of appeal to the Court of Appeals in the State of Texas, Houston, Texas. And inasmuch as said Defendant has given notice of appeal herein, execution of the Sentence is deferred to await the Judgment and order of our Court of Appeals in this behalf.

On this the 28th day of December, A.D. 1984 mandate of affirmance received from the 14th Court of Appeals, Houston, Texas. kJ

On this the 3rd day of January, A.D. 1985 mandate alias capias issued. kJ

To it remembered on the 4th day of January, A.D. 1985 sheriff return was recieved 165 C to showing the defendant was placed in jail on the 22nd day of November, A.D. 1982. It is therefore the Order of the Court that sentence is to begin on November 22, 1982.

This sentence to be x in on 11-22-82 and the sheriff 2167-8

$while in jail in said cause.$

*23

*24 And thereupon the soid Defendant was asked by the Court whether he had anything to say why sentence should not be pronounced against his, and he answered nothing in ber thereof. Whereupon the Court proceeded, in the presence of the soid Defendant, to pronounce sentence against his as follows, to will "it is the order of the Court that the Defendant, named above, who has been adjudged to be guilty of the offense indicated above, a felony, and whose punishment has been assessed at confinement in the Texas Department of Corrections for the period indicated above, be delivered by the Sheriff of Harris County, Texas, immediately to the Director of Corrections of the State of Texas, or other person legally authorized to receive such convicts, and soid Defendant shall be confined in soid Department of Corrections for the period indicated above in accordance with the provisions of the law governing the Texas Department of Corrections."

The soid Defendant was reminded to jail until soid Sheriff can obey the directions of this sentence.

1993 Signed and entered on this the 16 day of August 1, 1993.

Judge, 1993 District Court of Harris County, Texas

It and the Court further found that a deadly weapon, to wit, a firearm, was used during the commission of this offense

ON the 19th day of September, 28, 1985, the Court now supported between 1993, excepted and gave notice of appeal to the Court of Appeals in the State of Texas. Houston, Texas. And inasmuch as said Defendant has given notice of appeal herein, execution, of the Sentence is deferred to await the Judgment and order of our Court of Appeals in this behalf.

On this the 28th day of December, A.D. 1984 mandate of affirmance received from the 14th Court of Appeals, Houston, Texas. kj

On this the 3rd day of January, A.D. 1985 mandate alias capias issued. kj

3e it remembered on the 4th day of January, A.D. 1985 sheriff return was received 165.00 showing the defendant was placed in jail on the 22nd day of November, A.D. 1982. It is therefore the Order of the Court that sentence is to begin on November 22, 1982.

This sentence to be in on 11-22-82 and the Shorter 267-4 28 March 2012. The 2012 in 2013. The 2013 in 2014. The 2013 in 2015. The 2013 in 2016. The 2013 in 2017. The 2013 in 2018. The 2013 in 2019.

*25

Parole in Texas

Parole &; Mandatory Supervision Eligibility Chart

(Revised 01/30/2001)

| Offense Date | | | | | :--: | :--: | :--: | :--: | | Prior to $01 - 01 - 66$ | All Offenses $55^{th}$ | Calendar Tite blood &; 1/3, including any bonus &;
Maximunity
* (Art. 42.12
and 1.4 time $00^{th}$ | $& a m p; * 1 / 3 & a m p; * & a m p; * & a m p; all$ | | $& a m p; 01 - 01 - 66 & a m p; thru & a m p; 08 - 28 - 67$ | All Offenses $59^{th}$ | | | | $& a m p; 08 - 29 - 67 & a m p; thru & a m p; 08 - 28 - 77$ | All Offenses* $60^{th}$
* TDCJ Data Services calculates eligibity dates on all offenses prior to 08-28-77 utilizing cabal time $= 1 / 3$ , regardless of the law in effe was committed. This is apparently due during that time period. | | | | $& a m p; 08 - 29 - 77 & a m p; thru & a m p; 08 - 31 - 87$ | Capital Murder, 69th
Agg. Kidnapping 69th
Agg. Robbery
Agg. Rape
Agg. Sexual Abuse
(08-31-85: Agg. Rape and Agg. Sexual Abuse completed into Aggravated Sexual Assault)
Offenses with Affirmative Finding of Deadly Weapon | | Art. 42.12 Sec. 3 f (08-29-77 thru 08-31-83)
Art. 42.12 Sec. 3 g (09-01-83 thru 08-31-87)
Calendar Time $= 1 / 3$
Minimum of 2 yrs.
Maximum of 20 yrs. | | | All other offenses | | | | $& a m p; 09 - 01 - 87 & a m p; thru & a m p; 08 - 31 - 89$ | 3g Offenses: 70th
Capital Murder
Agg. Kidnapping
Agg. Sexual Assault
Agg. Robbery
Offenses with Affirmative Finding of Deadly Weapon | | Calendar Time $= 1 / 4$
Minimum of 2 yrs.
Maximum of 15 yrs. | | | All other offenses | | Calendar Time + Good Time $= 1 / 4$ , including work credits and bonus Maximum of 15 yrs. See MS Ineligible List #1 below for offenses NOT eligible for Mandatory Supervision | | $& a m p; 09 - 01 - 89 & a m p; thru & a m p; 08 - 31 - 93$ | 3g Offense: 71st-72nd
Capital Murder (Capital Felony) - Life Sentence
1) Murders peace officer or fireman on official duty,
2) Murders while committing a kidnapping, burglary, robbery, aggravated sexual assault, or arson,
3) Murders for remuneration,
4) Murders while escaping from a penal institution,
5) Murders an employee of a penal institution,
6) Murders more than one person during the same criminal transaction, or during different criminal transactions but the murders are committed pursuant to the same scheme. | | Calendar Time $= 1 / 4$
Minimum of 2 yrs.
Maximum of 15 yrs.
Calendar Time $= 35$ yrs.
effective 09-01-91. |

*26

V. TEXAS BOARD OF PARDONS AND PAROLES
The provisions of this Part V issued under Acts 1965, 59th Leg., ch. 722, effective January 1, 1966, as amended (Texas C.C.P., Article 42.12); and Texas Constitution Article IV, $§ 11$ , unless otherwise noted.

Chapter 141. GENERAL PROVISIONS

The provisions of this Chapter 141 issued under Chapter 508, Government Code

Subchapter A. BOARD OF PARDONS AND PAROLES

§141.1. Presiding Officer (Chair) and Policy Board

(a) The presiding officer (chair) is designated by the governor and serves in that capacity at the pleasure of the governor. The chair acts as spokesperson for the board. (b) Six members of the board shall serve as the policy board of the Board of Pardons and Paroles. The governor designates the policy board. The term of a member of the policy board is six years, to be served concurrently with the member's term on the board. The chair of the board shall serve as presiding officer of the policy board. (c) Policy board members shall administer other matters as required by the chair.

The provisions of this $$ 141.1$ adopted to be effective July 1, 1994, 19 TexReg 4750; amended to be effective June 30, 1998, 23 TexReg 6722; amended to be effective September 26, 2002, 27 TexReg 8963.

§141.2. Policy Board Quorum

The transaction of business before the policy board requires a quorum of the policy board and decisions require a majority of the quorum. Four members of the policy board constitute a quorum.

The provisions of this $$ 141.2$ adopted to be effective July 1, 1994, 19 TexReg 4750; amended to be effective June 30, 1998, 23 TexReg 6722.

§141.3. Policy Board Administration

(a) The policy board shall determine matters that affect all board members. (b) The policy board shall: (1) adopt rules which govern the decisionmaking processes of the board; (2) establish work hours and caseloads for members of the board and assign additional duties, as necessary, to members of the policy board; (3) develop policies to ensure board members implement the updated parole guidelines and assign precedential value to previous decisions of the board relating to the granting of parole and the revocation of parole or mandatory supervision; (4) require members of the board to file activity reports regarding release decisions made by members of the board, workload, hours worked, and implementation of parole guidelines; (5) report annually on all board activities and parole release decisions to the governor and the legislature.

The provisions of this $$ 141.3$ adopted to be effective July 1, 1994, 19 TexReg 4750; amended to be effective June 30, 1998, 23 TexReg 6722; amended to be effective June 11, 2002, 27 TexReg 4990.

*27 (32) Parole officer--A person duly appointed by the director of the TDCJParole Division and assigned the duty of supervising administrative releasees. (33) Parole panel--A three member decisionmaking body authorized to act in administrative release matters. (34) Parolee--A person released from prison on parole (see definition of parole set forth in this section). A parolee is also an administrative releasee (see definition of "administrative releasee" set forth in this section). (35) Party--Each person or agency named or admitted as a party. (36) Policy Board--Six members of the board appointed by the governor as an additional duty of office, who vote on policy matters affecting the entire board. (37) Preliminary hearing--Hearing at which is determined whether probable cause exists to support an allegation of a parole violation, pending a revocation hearing. (38) Pre-parole transfer--The transfer of an eligible prisoner, as defined in Texas Civil Statutes, Article 6166-4, to a community residential facility, as defined in Texas Civil Statutes, Article 6616-4. (39) Release plan--Proposed community and place of residence and proposed employment or proposed provision for maintenance and care of the releasee. (40) Remission of fine or forfeiture--An act of clemency by the governor releasing the grantee from payment of all or a portion of a fine or canceling a forfeiture of a bond. (41) Reprieve--A temporary release from the terms of an imposed sentence. (42) Restoration of rights of citizenship--A pardon limited to the restoration of the right to vote, which in turn restores any other civil rights conditioned upon the right to vote. (43) Revocation--The cancellation of parole, mandatory supervision, or of a conditional act of executive clemency which subjects the administrative releasee or grantee of the act of executive clemency to immediate incarceration or, in the instance of reprieve of a fine, to immediate payment of the fine. (44) RMS--Mandatory supervision vote to release to mandatory supervision when TDCJ determines that the prisoner has reached a mandatory supervision date. (45) Serve-All (SA)--A decision by the board or board panel to deny parole and to not release the inmate until serve-all date. (46) Serve-All Date--The projected release date or minimum expiration date as determined by the Texas Department of Criminal Justice. (47) Statutory references--See the definition of "constitutional and statutory references" set forth in this section. (48) Trial officials--The present sheriff, prosecuting attorney, and judge in the county and court of offense, conviction and release. (49) Victim--A person who is a victim of sexual assault, kidnapping, aggravated robbery, or felony harassment or who has suffered bodily injury or death as a result of

*28

TEX: JEPARTMENT OF CRIMINAL JUS JE PAROLE DIVISION SISP / EM INSTRUCTION SHEET

Offender's Name: JOHNSON, EDDIE D TDCJ Unit: HUNTSVILLE Transmitter #: A09190 Monitor Type: SISP As part of your special condition SISP (Super-Intensive Supervision Program) / "T" (Electronic Monitoring), the following rules apply:

I. IF YOU ARE BEING RELEASED TO A PRIVATE RESIDENCE:

Report to your private residential plan directly, immediately and without delay.
A monitoring device has been installed in your residence and a transmitter strapped at the ankle. These monitoring devices will monitor your activity and report violations to your Parole officer.
DO NOT tamper in any way with the transmitter strapped at the ankle or the monitor in your residence.
DO NOT unplug or relocate the monitor that has been placed in your residence.
DO NOT place anything on top of the monitor.
DO NOT pick up the telephone until after the second ring.
DO NOT use the telephone: a. When the green indicator light is on or blinking (wait 10 min . after it stops). b. If there is a beeping noise coming from the monitor.
DO NOT leave the telephone in an "off hook" position when not in use.
If you are on the telephone and a noise (dull click or beep) is heard over the line, you must hang up for 10 minutes.
DO NOT leave the residence for any reason prior to having your initial appointment with your Parole Officer.

II. IF YOU ARE BEING RELEASED TO A COMMUNITY RESIDENTIAL FACILITY:

Travel to and report directly, immediately and without delay to the designated facility. The facility and your Parole Officer have been notified of your release time and will be monitoring your arrival time.
This monitoring device will monitor your activity and report violations to your Parole Officer.
DO NOT tamper in any way with the transmitter strapped at the ankle.
DO NOT leave the facility for any reason prior to having your initial appointment with your Parole Officer.

I fully understand that violations will be reported to my parole officer and may result in an issuance of a warrant and/or revocation of my release.

Distribution: Original - District Office File Copy - provided to offender Copy - Provided to BPP the Austin

*29

State of Oexas Texas Department of Cmininal Justice PArdons and PArdle Division
Certificate of Mandatory Supervision

Data of iscuance: $12 / 11 / 2005$

Name

JOHNSON, EDDIE DON Legal county of residence HARRIS Location: Unit KN, TDCJ-ID Causa@: 375537 $375536$

Abstract

The Texas Department of Criminal Justice Institutional Division (TDCJ-ID) of the State of Texas has determined that said offender is eligible for Mandatory Supervision under the provisions of Chapter 305, Texas Gov't. Code. THEREFORE, the Texas Board of Pardons and Paroles (Board) hereby orders that said offender be released under Mandatory Supervision and shall immediately report to the office indicated below for supervision: REID COMN. CORR. FACILITY 10950 REALMONT HWY 90 HOUSTON, TX 77078 (713)675-4426

Abstract

Report immediately &; directly to your halfway house (HWH). If verifiable transportation delays or other emergency occurs, contact the HWH immediately. Failure to do so will cancel further gate money and result in the issuance of arrest warrant.

and shall be permitted to be at liberty in the legal custody of the State of Texas but subject to the orders of the Board and the Texas Department of Criminal Justice Parole Division, and under the rules and conditions of Mandatory Supervision herein. The period of Mandatory Supervision shall be for a period equivalent to the maximum term for which the offender was sentenced less calendar time actually served on the sentence. The time to be served under Mandatory Supervision is also calculated as calendar time. The certificate shall become effective when eligibility requirements for Mandatory Supervision under Chapter 305, Texas Gov't. Code have been met or when Mandatory Supervision is ordered by the Board of Pardons and Paroles.

STATUTORILY RANDATED CONDITIONS

Unless otherwise provided, I shall reside in the county in which I resided at the time I committed the offense for which I was sentenced to the Institutional Division or the county of the offense for which I was sentenced to the Institutional Division if I was not a resident of the State of Texas. I shall demonstrate an educational skill level that is equal to or greater than the average skill level of students who have completed the sixth grade in a public school in the State of Texas. I shall submit to testing for alcohol or controlled substances. I shall not communicate directly or indirectly with the victim; go to or near the residence, place of employment, or business of the victim; or go to or near a school, day-care facility, or similar facility where a dependent child of the victim is in attendance. I shall not intentionally or knowingly communicate directly or indirectly with, nor intentionally or knowingly go near a residence, school, place of employment, or business of the offense for which I was sentenced to the institutional Division. I shall reimburse the State of Texas for the costs of any Post-Secondary Educational Programs in which I participated in TDCJ. Upon written instruction from an supervising officer: I shall participate in a drug or alcohol continue of care treatment program. I shall register as a sex offender under Chapter 62, Code of Criminal Procedure. I shall not go in, on or within a distance specified by a parole penal of premises where children commonly gather, nor shall I supervise or participate in any Program that includes as participants or recipients, persons who are 17 years of age or younger, and I shall attend psychological counseling as specified by my supervising officer. I shall perform not less than 300 hours of community service at a service project designated by a parole penal.

SPECIAL CONDITIONS SISP - I shall comply with Super Intensive Supervision Program conditions.

ISSUED BY ORDER OF THE BOARD OF PARDONS AND PARDLES AT AUSTIN, TEXAS ON THE 11TH DAY OF DECEMBER, 2005

If Mandatory supervision is satisfactorily completed, maximum registration date will be:

RISKIE OWENS BOARD OF PARDONS AND PARDLES

*30

*31

TEXAS DEPARTMENT OF CRIMINAL JUSTICE PAROLE DIVISION TERMS AND CONDITIONS OF ELECTRONIC MONITORING PROGRAM

Head of Household: Telephone #: 712)675-4426

I understand that I will be monitored by a tamper proof, non-removable ankle transmitter. I will be required to wear said device 24 hours a day, 7 days a week. I understand that my location will be monitored by this electronic device.
I understand that if I am placed on continuous monitoring, an official of the TDCJ will hook up a receiver/monitor device to my home telephone or my householder's telephone. Officials must be allowed to enter my home to install, maintain, inspect or retrieve the receiver/monitor unit.
I understand that I am responsible for ensuring that electrical and phone service is continuously maintained in my home or the home of the householder with whom I am residing during the period I am electronically monitored. Furthermore, I understand that failure to maintain electrical and/or telephone service will constitute a violation of the terms of my release.
I understand that I am responsible for ensuring that the current telephone service does not have any optional telephone features such as call forwarding, call waiting, caller ID, call notes, voice mail, anonymous call block, and I shall not install the internet or answering machines to the telephone line used during the duration of my electronic monitoring.
I understand that any attempts on my part to prevent the receiver/monitor from reporting my status to the central monitoring computer or any attempts on my part to tamper with the transmitter will constitute a violation.
The loss of receiving signal or the receipt of a tamper signal by the monitoring device shall constitute a violation subject to investigation. I further understand that the computer printout or mobile surveillance log may be used as evidence in a court of law or administrative hearing to prove said violation.

I understand that theft or destruction of the electronic monitoring equipment (i.e. transmitter, receiver/monitor) may result in prosecution.

I understand that my daily schedule will be monitored by phone calls and personal visits by a representative of the Parole Division. Such visits may be random and at any time.

I understand that I must remain at my residence at all times, unless given prior written approval by my supervising parole officer to participate in activity reflected on my daily schedule. Residence is defined as the dwelling 1 live in and does not include the porch, yard, garage, or any other area beyond the front or back door of the residence. 3. I understand that I must remain on home confinement twenty-four hours per day, 7 days per week, unless given written approval by the Region Director and my supervising officer to leave the residence. Home confinement is a period of time in which I am not authorized to leave my residence. I. I understand that should I fail to return to my residence within the prescribed time or leave my residence at an invalid time. such action shall be deemed a violation of the terms of my release. understand and agree to abide by the above conditions and I further understand that even if I refuse to sign this form these rules are Il in effect. I hereby certify that these terms and conditions have been read and explained to me, and that I fully understand these rms and conditions:

*32

REID FACILITY DISCIPLINARY REPORT

NUMBER OF OFFENSE

Major: Minor:

| 3. Resident Name: Subsidiun Edit | 4. TDCJ# 364033 | | :--: | :--: | | 5. Place of Incident: | 7. Code | | | 8.16 |

Description of Incident ( if more spaces are needed, continue on back) on the date and time listed above in (place)
Description of physical ovidonce taken: Exa not mof stess for his woally
Witness Name:
Signature of reporting Employee/ Date/ Time: Defrmin Thode 2:02m
Name and title of reporting employee (Print): S. Johnson Case 2
Resident Notification:

I have received a copy of the charge(s) alleged against me.

Notifying Official/ Title: 0 You have the right to appear before a hearing officer 24 hours or more after receipt of this notice. Yt have the right to have an opportunity to be heard, call witness and submit a written statement. By signing here you give up the right to 24 hour notice and authorize the Hearing Officer to proceed wit the hearing.

*33

Accused Statement and Attitude:
Investigation Section

Investigation Comments and Conclusions:

I wish to waive my right to a Disciplinary Hearing:

Yes

Resident's Plea:
Hearing Officer/Committee Decision: Guilty:

Sangtion(s) Imposed:

WASH-MOONS IN 8 Extra duty: Chest refused any Co-operation in the matter and considered guilty and 8 hour extra duty hours was imposed

Resident Signature: 8 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - Date: Date: 8 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2 - 2

*34

*35

Accused Statement and Attitude:

Words attitudes is calm.

Investigation Section

Investigation Comments and Conclusions:

What is well aware of health rules.

I wish to waive my right to a Disciplinary Hearing:

Yes

Resident's Signature

Hearing Officer's Signature

Resident's Plea: Guilty:

Not Guilty:

Hearing Officer/ Committee Decision: Guilty:

Not Guilty:

Sanction(s) Imposed:

| Yes | | | | | | | | | | | | | | | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

*36

*37 ACTIVITY MONITORING-RULE(S): BOME EUROFEM-ROLE(S): RESTRUCTION-RULE(S): DRC/PROGRAM ATTENDANCE-RULE(S): DAT PLACEMENT-RULE(S): DOCEOCHM-RULE(S): DOCEOCHM-RULE(S): INCREASED ALCOHOL TESTING-RULE(S): E.M. PROGRAM PLACEMENT-RULE(S): IREATMENT PROGRAMMING PLACEMENT DA FREQUENCY INCREASED-RULE(S): BPP IMPOSED COHOLTIONS-RULE(S): PREVIOUS PRE-REVOCATION WARRANTS 1990ED: X ISF ELIGIBLE X YES NO SECTION V: RECOMMENDED ACTIONS F. G. RECOMMENDATION:

ISSUE SUMMONS X ISSUE WARRANT CONTINUE SUPERVISION NO FURTHER ACTION CONTINUE SUPERVISION-AFELY INTERVENTION OF: CONTINUE SUPERVISION-AWATY DISPOSITION OF CRIMINAL CHARGE CONTINUE SUPERVISION-REQUENT BPP CONDITION(S):

COMMENTS:

CERITIFICATEONS: BY MAKE IS J. CHENIER THE TEXAS GENARTHENT OF CRIMINAL JUSTUS ON THE CAPACITY OF BARGLE OFFICER BY TEXAS. I SUGAR OF AFP LEN THAT I HAVE SUGG THE ABOVE ACCORT, AND IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF.

B. B. RECOMMENDATION:

ISSUE WARMONS C. TEXAS HARRANTS: CONTINUE SUPERVISION AN EUNITED ACTION CONTINUE SUPERVISION-AFELY INTERVENTION OF CRIMINAL CHARGE CONTINUE SUPERVISION-REQUENT BPP CONDITION(S):

J. M. THE STOCKS, AND REACTIONS: B. B. RECOMMENDATION:

ISSUE WARMONS C. TEXAS HARRANTS: CONTINUE SUPERVISION AN EUNITED ACTION CONTINUE SUPERVISION-AFELY INTERVENTION OF CRIMINAL CHARGE CONTINUE SUPERVISION-REQUENT BPP CONDITION(S):

J. M. THE STOCKS, AND REACTIONS: B. B. RECOMMENDATION:

ISSUE WARMONS C. TEXAS HARRANTS:

*38

*39

THE STATE OF TEXAS
WARRANT
Directing Retaking
ADMINISTRATIVELY RELEASED PRISONER*
(Non-Executive Clemency)

Before Revocation or Rescission of Presumptive/Tentative Parole Date

TO ANY SHERIFF, ANY PEACE OFFICER, ANY OFFICER OR OTHER PERSON AUTHORIZED BY LAW TO SERVE CRIMINAL PROCESS OR TO ANY PERSON IN CHARGE OF ANY JAIL, PENITENTIARY OR OTHER PLACE OF DETENTION:

DOB: PROCESS TDCJ#: 00364033

GREETING:

WHEREAS, _JOHNSON, EDDIE DON , SID#: 01607144, was convicted of a felony offense in the State of Texas and was sentenced to the Texas Department of Criminal Justice, Parole Division and the Board of Pardons and Paroles; $^{†}$

AND WHEREAS, said convicted felon was granted a parole or administrative release and remains in the custody of the Texas Department of Criminal Justice, Parole Division amenable to the orders of the Texas Department of Criminal Justice, Parole Division and the Board of Pardons and Paroles;

AND WHEREAS, reliable information has reached the Texas Department of Criminal Justice, Parole Division that the administrative releasee has violated the terms, rules, and/or conditions of administrative release, has lapsed or is about to lapse into criminal ways or company, or was ineligible for release and is hereby declared a fugitive from justice;

NOW THEREFORE, by virtue of the authority vested in the Texas Department of Criminal Justice, Parole Division by Texas Government Code Ann. $$ 508.251$ , it is hereby ordered that said administrative releasee, be arrested, detained and housed until such time as he may be placed in the custody of an agent of the Texas Department of Criminal Justice, Institutional Division, or until further order of the Texas Department of Criminal Justice, Parole Division or the Board of Pardons and Paroles, and for so doing, this shall be your sufficient warrant.

NOT SUBJECT TO BAIL

TEXAS DEPARTMENT OF CRIMINAL JUSTICE Parole Division

By:

P. O. Box 13401, Capitol Station

Austin, Texas 78711 Area Code (512) 406-5317 Warrant No. 08-05-2004-01607144 J.CHENIER/DPO/HOUSTON 7

/DPO/

File Date of Issuance: 08-05-2004

*40

TEXAS DEPARTMENT OF CRIMINAL JUSTICE ** PAROLE DIVISION ADJUSTMENT STATEMENT

Name: Shnon, Radie, Don TDC: 844633 SID: 84007144 SECTION I Criminal History (Prior): 1213 - Hovidide: - wichout yadies, asperthroat 54463. TDEJ-LD, Paratec, Stho-Centered, misc hanged, 12770.

SECTION II

A. Employment

If employed, name of employer. Aschutlle, Snd. Length of employment: $\frac{1}{2} \frac{1}{2} \frac{1}{2} \frac{1}{2} \frac{1}{2}$
If unemployed, how long unemployed:

Reason: B. Fzes

Supervision fees: Current ( ), Deferred ( ) Arrears ( ) Explanations: Ead as e (unamutable)
Restitution fees: Current ( ), Arrears ( )

Explanations: $- π / A$ .

SECTION III

A. Home/Marital

Adjustment: ( ) Satisfactory ( ) Marginal (x) Unsatisfactory Explain: Pn nender (nulid) in (alipowh ulesg the besidartial yaility, B. Special Condition Complldice

Sce SeP Shatk (or plufunatutut, Antisotive) Su periuce, Sndian Adjustment: ( ) Satisfactory ($ Margthal ( ) Unsatisfactory Explain: Pn nender wds-marginally incom pliante) w/paralel ruller, Sce&;sle: Pn nender Adjustment: ( ) Satisfactory ( ) Marginal ( ) Unsatisfactory Explain: SC&;sle: Adjustment: ( ) Satisfactory ( ) Marginal ( ) Unsatisfactory Explain:

SECTION IV

A. Arrest (s) since release - Date (s), Charge (s), Disposition (s), and Board action for each $t_{1}$ bnt.

B. Other reported violation (s) - ROV date (s), rule (s) alleged, and Board action for each $t_{1}$ bnt.

SECTION V

A. Does the individual meet the criteria for EM and/or ISF - ( $%$ Yes ( ) No. Indicate which $\frac{DoT}{}$ B. Proposed plan if offender is continued on supervision:

Residence ( ) Verified $(%)$ Not Verified Employment ( ) Verified $(%)$ Not Verified

*41

TEXAS DEPARTMENT OF CRIMINAL JUSTI PAROLE DIVISION

RIGHTS OF OFFENDER IN THE REVOCATION PROCESS

A. To: Johnson, Eddie Don

No: 364033 It is alleged that you have violated one or more of the rules / conditions of your release. Your rights in the revocation process are listed below.

You have the right to be personally served with written notice of the rules and conditions you are accused of violating. That means you have the right to have someone give you written information of what conditions of release you are accused of breaking.
You have the right to have a preliminary hearing if you have not been convicted of a new offense. This hearing will be held at or near the place of the alleged parole or mandatory supervision violation. The purpose of the preliminary hearing is to determine whether there is probable cause or reasonable grounds to believe you violated a condition of release.
You have the right to have a revocation hearing if you are alleged to have committed technical violations or you are found guilty in a criminal case. However if you received a felony conviction with a term of incarceration in a penal institution, you will be allowed only a limited hearing in order to explain why you should not be revoked. You must request this mitigation hearing.
You have the right to a disclosure of evidence against you. That means you can see everything before the hearing.
You have the right to a state appointed attorney under certain circumstances to be determined by a hearing officer. If you qualify for that right, an attorney will be appointed to represent you. If you do not qualify for that right, you may hire an attorney to represent you.
You have the right to be heard in person by telling a hearing officer what happened and to present evidence, affidavits, letters and documents in support of your position.
You have the right to confront and cross-examine adverse witnesses by asking questions at the hearing unless the hearing officer specifically finds good cause for not allowing you to do so.
You are entitled to be heard on the violations by someone designated by the panel.
If your parole or mandatory supervision is revoked as a result of a hearing, you will receive a written report by the hearing officer which sets forth the evidence relied upon in support of a finding that you violated one or more conditions of your parole or mandatory supervision.
If revoked as a result of a hearing, you may have the right to request that the Board of Pardons and Paroles reopen the revocation hearing within forty-five (45) days from the date of the Board's decision.

As indicated by my signature below, I affirm that I have been advised of my rights in the revocation process.

*42

C. WAIVER OF HEARINGS

I do not want a PRELIMINARY hearing. I understand that the parole officer has no authority to make promises as to what will happen if I do not have a hearing. I also understand that only the Parole Board can decide what punishment should be given. I have not been coerced into signing this waiver, nor have any promises been made to me in exchange for signing the waiver.

OFFENDER DATE WITNESS DATE 2. I do not want a REVOCATION hearing. I understand that the parole officer has no authority to make promises as to what will happen if I do not have a hearing. I also understand that only the Parole Board can decide what punishment should be given. I have not been coerced into signing this waiver, nor have any promises been made to me in exchange for signing the waiver.

OFFENDER DATE WITNESS DATE D. HEARING REQUEST/SCHEDULE

I hereby request that a Preliminary hearing be held.

OFFENDER DATE WITNESS DATE Preliminary Hearing Location Date and Time of Hearing 2.

Revocation Hearing Location Date and Time of Hearing E. SUMMONS

To: No. You are hereby ordered and summoned to appear at a preliminary/revocation hearing at the time, date, and location indicated above to answer the allegations in Section B, Page 2. Your rights during the hearing process are outlined in Section A, Page 1.

Failure to appear as instructed may result in the issuance of a warrant for your arrest.

Date Regional Director, Parole Division

EXECUTED this day of , 20 by personally delivering a copy of same to the named addressee.

DIST.: Central/ Sup. Off/J. Chenier/030723005/Houston VII Agt. Off/

Parole Officer Offender/Johnson, Eddie Don /TDC# 364033 Attorney/ Hearing Off/

*43 RELEASE'S NAME: Johnson, Eddie Don TOCJ/PIA #: $364033$ NAME SOMENTH GOODL Relationship: $◻$ RELEASE'S NAME: Johnson, Eddie Don TOCJ/PIA #: $364033$ HEARING DATE:08/12/04 Numberly Goodal Relationship: $◻$ $◻$ $◻$ $◻$ Relationship: $◻$ $◻$

ADDRESS 10250 Beaumont Hwyf. 79000 unit supu. (6) Reid Silelely 2C: T1078 PH# 713/675-4426 10250 Beaumont Hwy. (X) capt. in security (6) Reid Silely 2C: T1078 PH# 713)675-4426 10250 Beaumont Hwy. (X) capt. in security (6) Reid Silely 2C: T1078 PH# 713)675-4426 10250 Beaumont Hwy. (X) capt. in security (6) Reid Silely 2C: T1078 PH# 713)675-4426 10250 Beaumont Hwy. (X) capt. in security (6) Reid Silely 2C: T1078 PH# 713)675-4426 10250 Beaumont Hwy. (X) capt. in security (6) Reid Silely 2C: T1078 PH# 713)675-4426 10250 Beaumont Hwy. (X) cagemaragin (6) Reid Silely 2C: T1078 PH# 713)675-4426

*44

BOARD OF PARDONS AND PAROLES

Hearing Section

| RECOMMEND | REVOKE | PTRH | NON-REVOCATION ACTION | ISF | SAFP | RTSS | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | FIELDOFF | $◻$ | $◻$ | | $◻$ | $◻$ | $◻$ | | HEARING OFF | $◻$ | $◻$ | | $◻$ | $◻$ | $◻$ | | REVIEWER: | $◻$ | $◻$ | | $◻$ | $◻$ | $◻$ |

ADDITIONAL RECOMMENDATIONS: ( $◻$ SAFP BED CERTIFICATION ATTACHED) BOARD DISPOSITION: $◻$ REVOKE $◻$ ISF $◻$ ISF $◻$ SAFP $◻$ PROCEED TO REVOCATION HEARING (PTRH) $◻$ NON-REVOCATION ACTION: PENDING ADJUDICATION OF CHARGES $◻$ NON-REVOCATION ACTION: CONTINUE SUPERVISION REAFFIRM ANY EXISTING SPECIAL CONDITIONS OR MODIFY AS NOTED BELOW -

NON-REVOCATION ACTION: ALLOW TO DISCHARGE $◻$ REFER CASE BACK TO HEARING OFFICER FOR FURTHER DEVELOPMENT OF FACTUAL OR LEGAL ISSUES, WITH OR WITHOUT REOPENING THE HEARING, FOR THE FOLLOWING REASONS:

DISPOSITION DATE: 09/02/07 DIST: CENTRAL HEARING SECTION HEARING OFF / C.D.OFORDILE/HOUSTON I SUPV OFF / J.CHENIER/HOUSTON ? AGT OFF /

*45

1) The OFFENDER, and the Parole Officer acting as a witness, are to sign this form in the spaces provided below. If the OFFENDER refuses to sign the form, place the words "refused to sign" in the OFFENDER's signature space. 2) The OFFENDER is to be given a copy of this form, as well as the attached Hearing Report. 3) Parole Supervision/Selection Officers must return a signed copy of this form to the Central Office.

OFFENDER'S MOTION TO REOPEN HEARING

According to Board of Pardons and Paroles Rule # 146.11, an OFFENDER's Motion to Reopen a Hearing must be made sixty (60) days from the date the Board panel voted to revoke the OFFENDER's supervision. Such request should be made only:

1) for any substantial error in the revocation process; or 2) upon newly discovered information.

Address your Motion to Reopen to: BOARD OF PARDONS AND PAROLES, BOARD ADMINISTRATOR, P.O. BOX 13401, CAPITOL STATION AUSTIN, TEXAS 78711. (NOTE: If the Hearing that was held was a preliminary hearing, the OFFENDER's signature below is simply an acknowledgment that the Preliminary Hearing Report has been received by the OFFENDER.)

By my signature below, I hereby acknowledge receipt of the report concerning the Hearing held in my case.

OFFENDER'S ACKNOWLEDGMENT OF RECEIPT

OFFENDER'S SIGNATURE DATE

WITNESS DATE

*46 March 2, 2005 EDDIE DON JOHNSON #364033 SOUTH TEXAS SANCTIONS FACILITY 1511 PRESTON AVE. HOUSTON, TEXAS 77002 To Whom It May Concern: Pursuant to Article 11.07 of the Texas Code of Criminal Procedure, please find enclosed copies of the documents indicated below concerning the Post Conviction Writ filed in cause number 375537-B in the 185th District Court.

State's Original Answer Filed Affidavit $◻$ Court Order Dated Respondent's Proposed Order Designating Issues and Order For Filing Affidavit. $⊠$ Respondent's Proposed Findings of Fact and Order March 2, 2005 $◻$ Other Sincerely, Leslie Garcia, Deputy Criminal Post Trial lag Enclosure(s) - RESPONDENT'S PROPOSED FINDINGS OF FACT AND ORDER

*47

EX PARTE

EDDIE DON JOHNSON, Applicant

RESPONDENT'S PROPOSED FINDINGS OF FACT. CONCLUSIONS OF LAW, AND ORDER

The Court has considered the application for writ of habeas corpus, the Respondent's answer, and official court records in the above-captioned cause. The Court finds that there are no controverted, previously unresolved facts material to the legality of the Applicant's confinement which require an evidentiary hearing and recommends that the relief requested be denied, or in the alternative dismissed, because:

Applicant presents vague and ambiguous claims, which fail to allege sufficient facts to establish an alleged harm or a ground for relief. Ex parte Maldonado, 688 S.W.2d 114, 116 (Tex. Crim. App. 1985);
Applicant merely offers conclusory allegations, which even if sworn to, are not enough to warrant habeas relief. Ex parte Empey, 757 S.W.2d 771, 775 (Tex. Crim. App. 1988); Ex parte Young, 418 S.W.2d 824 (Tex. Crim. App. 1967);
Alternatively, the Texas Court of Criminal Appeals requires "[a]ll persons seeking time credit relief in an application filed pursuant to Art. 11.07, § 3, filed in the district clerk's office on or after January 1, 2000, must show that a written decision has been obtained, or that he is within 180 days of release according to current department records, or must allege that he sought resolution of his credit complaint more than 180 days before the application was filed." Ex parte Stokes, 15 S.W.3d 532, 533 (Tex. Crim. App. 2000), citing TEX. GOV'T CODE. ANN. § 501.0081 (Vernon Supp. 2003); and

*48

Alternatively, Applicant failed to establish that he either obtained a written decision from the TDCJ time credit review board, is within 180 days of release, or sought relief from the TDCJ time credit review board 180 days before filing the application. Therefore, the Applicant has not met the statutory predicates for raising a time credit complaint. Stokes, 15 S.W.3d at 533, citing TEX. Gov't CODE. ANN. § 501.0081 (Vernon Supp. 2003).

THE CLERK IS ORDERED to prepare a transcript and transmit same to the Court of Criminal Appeals as provided by TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon Supp. 2003). The transcript shall include certified copies of the following documents:

the application for writ of habeas corpus;
the Respondent's answer;
the Court's order; and
the indictment, judgment and sentence, and docket sheets in cause number 375537 (unless they have been sent to the Texas Court of Criminal Appeals pursuant to a post-conviction writ of habeas corpus order).

THE CLERK is further ORDERED to send a copy of this order to the Applicant. By the following signature, the Court adopts the Respondent's Proposed Findings of Fact, Conclusions of Law, and Order.

SIGNED this day of March 2005.

JUDGE PRESIDING

*49

*50

DATE OF NCIC/TCIC CHECK: 08-05-04 RESULTS: CLEAR
EMPLOYED Y/N: N
CONTACT WITH EMPLOYER DATE: N/A RESULTS: N/A
OTHER ATTEMPTS MADE (TYPE/DATE): N/A

SECTION III: ARREST/CHARGE/ALLEGATION INFORMATION (IF MORE THAN 4 CHARGES, INCLUDE CLASS/TYPE IN SECTION IV VIOLATION SUMMARY) CHARGE: FELONY: MISD: BOND PSTD: BOND AMT: CHARGE: FELONY: MISD: BOND PSTD: BOND AMT: CHARGE: FELONY: MISD: BOND PSTD: BOND AMT: CUSTODY LOCATION(FACILITY NAME): ADDRESS AND ORI NUMBER (IF OUT OF STATE): SECTION IV: VIOLATION SUMMARY(INCLUDE RULE NUMBERS) VIOLATION 1 - RULE #80: FAILURE TO ABIDE BY SPECIAL CONDITION IMPOSED BY THE BOARD: SISP MONITORING CASELOAD. ON 01-16-04, AT THE HUNTSVILLE UNIT IN HUNTSVILLE, WALKER COUNTY TEXAS. PAROLE OFFICER EVA J. OLIPHANT READ AND EXPLAINED THE RULES AND SISP CONDITIONS TO OFFENDER JOHNSON, EDDIE DON #364033. OFFENDER SIGNED HIS PAROLE CERTIFICATE STAMPED "SISP". ON 01-20-04 AT THE BEN REID HWH PAROLE OFFICER J. CHENIER AGAIN READ AND EXPLAINED THE RULES AND SISP CONDITIONS OF PAROLE TO OFFENDER JOHNSON. AT THAT TIME BOTH PAROLE OFFICER AND OFFENDER JOHNSON SIGNED COMPONENT SHEETS OF SISP TERMS AND CONDITIONS. ON 02-28-05, WHILE PREPARING FOR RELEASE OF OFFENDER JOHNSON THIS OFFICER ATTEMPTED TO READ AND EXPLAIN THE RULES AND CONDITIONS OF PAROLE TO OFFENDER. HOWEVER, OFFENDER JOHNSON REPUSED TO SIGN THE SISP TERMS AND CONDITIONS FORM AND ADAMANTLY REPUSED TO WEAR THE MONITOR THEREBY VIOLATING HIS PAROLE.

OFFENDER VERSION:

*51 QFFENDER STATED ON 02-28-05 THAT HE WILL NOT WEAR THE ELECTRONIC MONITOR TANNSMITTER, HE WILL NOT PARTICIPATE IN SISP/EM PROGRAM NOR WILL HE LIVE, AT THE BEN REID HWH. HE REQUEST TO RETURN TO TDCJ-ID.

PREVIOUS INTERVENTIONS COMPLIANCE COUNSELING-RULE(S): DATE(S): REPRIMAND-RULE(S): DATE(S): CASE CONFERENCE-RULE(S): DATE(S): INCREASED CONTACTS: DATE(S): INCREASED SUPERVISION LEVEL-RULE(S): DATE(S): ACTIVITY MONITORING-RULE(S): DATE(S): HOME CURFEW-RULE(S): DATE(S): RESTRICTION-RULE(S): DATE(S): DRC/PROGRAM ATTENDANCE-RULE(S): DATE(S): ISF PLACEMENT-RULE(S): DATE(S): LOCKDOWN-RULE(S): DATE(S): INCREASED ALCOHOL TESTING-RULE(S): DATE(S): E.M. PROGRAM PLACEMENT-RULE(S): DATE(S): TREATMENT PROGRAMMING PLACEMENT DATE(S): UA FREQUENCY INCREASED-RULE(S): DATE(S): BPP IMPOSED CONDITIONS-RULE(S): DATE(S): PREVIOUS PRE-REVOCATION WARRANTS ISSUED: X ISF ELIGIBLE X YES NO CURRENTLY IN ISF SECTION V: RECOMMENDED ACTIONS P.O. RECOMMENDATION:

ISSUE SUMMONS X ISSUE WARRANT CONTINUE SUPERVISION-NO FURTHER ACTION CONTINUE SUPERVISION-APPLY INTERVENTION OF: CONTINUE SUPERVISION-AWAIT DISPOSITION OF CRIMINAL CHARGE CONTINUE SUPERVISION-REQUEST BPP CONDITION(S): COMMENTS:

CERTIFICATIONS: MY NAME IS ROI LETECIA DICKERSON, I AM CURRENTLY EMPLOYED FOR THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE IN THE CAPACITY OF DISTRICT PAROLE OFFICER II, AND HAVE BEEN SO EMPLOYED FOR 65 MONTHS AND/OR YEARS. I SWEAR OR AFFIRM THAT I HAVE READ THE ABOVE REPORT, AND IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF.

*52 U. S. RECOMMENDATION:

ISSUE SUMMONS ISSUE WARRANT CONTINUE SUPERVISION-NO FURTHER ACTION CONTINUE SUPERVISION-APPLY INTERVENTION OF: CONTINUE SUPERVISION-AWAIT DISPOSITION OF CRIMINAL CHARGE CONTINUE SUPERVISION-REQUEST BPP CONDITION(S):

COMMENTS:

U. S. SIGNATURE: DATE: P. S. DECISION IF APPLICABLE:

COMMENTS:

P. S. SIGNATURE: JUDY JOHNSON DATE: 03012005 SECION VI: PAROLE DIVISION ACTION ISSUE SUMMONS X ISSUE WARRANT WARRANT#: 03012005 01607144 CODE: S1 CODE: CODE: DO NOT ISSUE WARRANT, CONFER WITH UNIT SUPV AND TAKE ALTERNATE INTERVENTION AS DEEMED APPROPRIATE. CONTINUE WARRANT IN EFFECT: VIOLATION REPORT RETURNED, FOLLOWING INFORMATION REQUIRED: COMMENTS: REC 1146 PUB NCIC 1204 MS

DECISION RENDERED BY: MORGANA SUMMERS DATE: 03012005 DISTRIBUTION: PAROLE OFFICER: ROI DICKERSON OFFICE: SOUTH TEXAS ISF

*53 OFFICER'S USER ID: ROI3563 UNIT SUPERVISOR: OFFICE: UNIT SUPERVISOR'S USER ID: PAROLE SUPERVISOR: JUDY JOHNSON OFFICE: CENTRAL PAROLE SUPERVISOR'S USER ID: JJO4924 ADDITIONAL DISTRIBUTION: CENTRALVR

FILE

*54

THE STATE OF TEXAS
WARRANT
Directing Retaking
ADMINISTRATIVELY RELEASED PRISONER*
(Non-Executive Clemency)
Before Revocation or Rescission of Presumptive/Tentative Parole Date

TO ANY SHERIFF, ANY PEACE OFFICER, ANY OFFICER OR OTHER PERSON AUTHORIZED BY LAW TO SERVE CRIMINAL PROCESS OR TO ANY PERSON IN CHARGE OF ANY JAIL, PENITENTIARY OR OTHER PLACE OF DETENTION:

DOB: EMPLOY TDCJ#: 00364033 GREETING: WHEREAS, _JOHNSON, EDDIE DON , SID#: 01607144. was convicted of a felony offense in the State of Texas and was sentenced to the Texas Department of Criminal Justice, Parole Division and the Board of Pardons and Paroles;

AND WHEREAS, reliable information has reached the Texas Department of Criminal Justice, Parole Division that the administrative releasee has violated the terms, rules, and/or conditions of administrative release, has lapsed or is about to lapae into criminal ways or company, or was ineligible for release and is hereby declared a fugitive from justice;

NOT SUBJECT TO BAIL

TEXAS DEPARTMENT OF CRIMINAL JUSTICE Parole Division

By:

P. O. Box 13401, Capitol Station

Austin, Texas 78711 Area Code (512) 406-5317 Warrant No. 03-01-2005-01607144 R.DICKERSON/DPO/CENTRAL

IDPO/CENTRAL File Date of Issuance: 03-01-2005 *The term "administrative release" includes parole and mandatory supervision, preparole transfer, work program and premature release. BPP-FS-50 (R 1/98)

*55

TEXAS DEPARTMENT OF CRIMINAL JUSTICE PAROLE DIVISION

RIGHTS OF OFFENDER IN THE REVOCATION PROCESS

A. To: JOHNSON, EDDIE DON

No: 364033

It is alleged that you have violated one or more of the rules / conditions of your release. Your rights in the revocation process are listed below.

You have the right to be personally served with written notice of the rules and conditions you are accused of violating. That means you have the right to have someone give you written information of what conditions of release you are accused of breaking.
You have the right to have a preliminary hearing if you have not been convicted of a new offense. This hearing will be held at or near the place of the alleged parole or mandatory supervision violation. The purpose of the preliminary hearing is to determine whether there is probable cause or reasonable grounds to believe you violated a condition of release.
You have the right to have a revocation hearing if you are alleged to have committed technical violations or you are found guilty in a criminal case. However if you receive a felony conviction with a term of incarceration in a penal institution, you will be allowed only a limited hearing in order to explain why you should not be revoked. You must request this mitigation hearing.
You have the right to a disclosure of evidence against you. That means you can see everything before the hearing.
You have the right to a state appointed attorney under certain circumstances to be determined by a hearing officer. If you qualify for that right, an attorney will be appointed to represent you. If you do not qualify for that right, you may hire an attorney to represent you.
You have the right to be heard in person by telling a hearing officer what happened and to present evidence, affidavits, letters and documents in support of your position.
You have the right to confront and cross-examine adverse witnesses by asking questions at the hearing unless the hearing officer specifically finds good cause for not allowing you to do so.
You are entitled to be heard on the violations by someone designated by the panel.
If your parole or mandatory supervision is revoked as a result of a hearing, you will receive a written report by the hearing officer which sets forth the evidence relied upon in support of a finding that you violated one or more conditions of your parole or mandatory supervision.
If revoked as a result of a hearing, you may have the right to request that the Board of Pardons and Paroles reopen the revocation hearing within sixty (60) days from the date of the Board's decision.

As indicated by my signature below, I affirm that I have been advised of my rights in the revocation process.

*56

C. WAIVER OF HEARINGS

I do not want a PRELIMINARY hearing. I understand that the parole officer has no authority to make promises as to what will happen if I do not have a hearing. I also understand that only the Parole Board can decide what punishment should be given. I have not been coerced into signing this waiver, nor have any promises been made to me in exchange for signing the waiver.

Releasee

Date

Witness Date 2. I do not want a REVOCATION hearing. I understand that the parole officer has no authority to make promises as to what will happen if I do not have a hearing. I also understand that only the Parole Board can decide what punishment should be given. I have not been coerced into signing this waiver, nor have any promises been made to me in exchange for signing the waiver.

Releasee

Date

Witness Date

D. HEARING REQUEST/SCHEDULE

I hereby request that a Preliminary hearing be held.

Releasee

Date

Witness Date

Preliminary Hearing Location

Date

Date and Time of Hearing

To: No: You are hereby ordered and summoned to appear at a preliminary/revocation hearing at the time, date and location indicated above to answer the allegations in Section B, Page 2. Your rights during the hearing process are outlined in Section A, Page 1.

Failure to appear as instructed may result in the issuance of a warrant for your arrest.

Date Regional Director, Parole Division EXECUTED this day of , $20$ by personally delivering a copy of same to the named addressee.

Parole Officer DIST: CENTRAL HEARING SECTION HEARING OFF/ SUPV OFFRROIL. DICKERSON / 03-12-23736 / GALVESTON DPO PSV-48 (REV 9/03)

RELEASEE/JOHNSON, EDDIE D. # 364033 ATTORNEY/ $\cos$

*57

S. Memo

Check one:

Not on approved visitation list. Inappropriate Identification (ID or Driver License did not match information on list) Inappropriate attire Inappropriate conduct Lied on relationship

*58

CLIENT: EAR: Don Johnson PIATDC: 38:364033 S.I.D. 8: 06107144 ATTORNEY INFORMATION:

| | | | | | | | :--: | :--: | :--: | :--: | :--: | :--: | | | | | | | | | MB:MS. | FIRST NAME | MIDDLE | | | | | | | | | | | | TEXAS BAR NO. | 24034832 | ADDRESS | MI | 154h. | 54. | | NAME OF BUSINESS | | BUSINESS ADDRESS | | | | | BUSINESS PHONE # | (832) 618-1500 | | Mon Hon | 724 | 77608 | | | | | CITY | STATE | ZIP |

BCJ-BPP-TDCJ (FORMER OR CURRENT) EMPLOYEE (S) OR MEMBERS WITH WHICH ATTORNEY IS ASSOCIATED OR HAS A RELATIONSHIP AS AN EMPLOYER OR EMPLOYEE OR MAINTAINS A CONTRACTUAL RELATIONSHIP TO PROVIDE SERVICES (LIST ADDITIONAL NAMES ON BACK).

FIRST NAME: MIDDLE: LAST NAME: RELATIONSHIP: ENTITY: HAVE YOU REGISTERED WITH THE TDCJ-PAROLE DIVISION WITHIN THE LAST 12 MONTHS? YES/NO TEX. Gov't. Code $§ § 508.084$ and 508.085 require certain information relative to fees, or lack thereof. This affidavit must be completed in regards to the relevant areas, signed, sworn and subscribed to before a Notary Public prior to any representation

I NO FEE: I, OR ANY CORPORATION OR FIRM WITH WHICH I AM AFFLLIATED, HAVE RECEIVED NO FEE NOR PROMISE OF FEE FOR SERVICES OF ANY NATURE RENDERED, OR TO BE RENDERED, IN CONNECTION WITH PAROLE OR EXECUTIVE CLEMENCY FOR THE ABOVE NAMED PERSON.

11 P Signature Printed Name 4612 Ras. 9992

II COMPENSATEN REPRESENTATION

TEXAS GOVERNMENT CODE § 305.002 DEFINES "COMPENSATION" AS MEANING MONEY, SERVICE, FACILITY OR OTHER THING OF VALUE OR FINANCIAL BENEFIT THAT IS RECEIVED OR IS TO BE RECEIVED IN RETURN? FOR OR IN CONNECTION WITH SERVICES RENDERED OR TO BE RENDERED. Tex. Gov't. Code $§ 508.083$ mandates that only an Attorney, licensed in the State of Texas, may receive compensation for representing an offender subject to the jurisdiction of the Texas Department of Criminal Justice. AMOUNT OR DESCRIPTION OR VALUE OF COMPENSATION RECEIVED OR EXPECTED: $

THE PERSON MAKING THE COMPENSATION: TA Board forlons / fiveler ADDRESS Ausw. TX' $:$ PHONE #: CITY STATE ZIP I HEREBY SWEAR AND AFFIRM THAT THE ABOVE INFORMATION IS TRUE AND CORRECT, AND FURTHERMORE, I HEREBY AGREE TO IMMEDIATELY SUPPLEMENT THIS AFFIDAVIT IF ANY OF THE STATEMENTS MADE HEREIN ARE AFFECTED BY A CHANGE IN FEE AGREEMENT, OR ARRANGEMENT, OR FACTUAL CONDITIONS. PRINTED OR TYPED NAME Node frostive SIGNATURE $N / P$ SWORN TO AND SUBSCRIBED BEFORE ME. THE UNDERSIGNED AUTHORITY. UNDER PENALTY OF PERIURY. ON THIS THE /6 DAY OF A6E2C-6/ , A.D. 20 OJ (SEAL)

*59

BOARD OF PARDONS AND PAROLES Hearing Section

PRELIMINARY REVOCATION HEARING REPORT

DATE: $\underset{―}{03 / 16 / 2005}$ I. IDENTIFICATION:

NAME $\cdot$ JOHNSON.EDDIE DON TDCJ#: $\underset{―}{00364033}$ HOME ADDRESS: SOUTH TEXAS ISF CITY $\cdot$ HOUSTON COUNTY $\cdot$ HARRIS TX ZIP CODE: 77002

The purpose of the Hearing was to determine if adequate grounds exist to find that the above named offender violated the conditions of release as per the attached charging instrument and the hearing report processing sheet that is affixed to the front of this report. A. The following were Hearing Participants:

B. Listing of Witnesses / Observers:

| NAME | TITLE/POSITION/RELATIONSHIP | WITNESS
Adverse / Friendly | | | :-- | :-- | :-- | :-- | | | | | | | | | | | | | | | | | | | | |

*60 STATEOFTEXAS DOARD OF PARDONS AND PAROLES PROCLAMATION OF REVOCATION AND WARRANT OF ARREST TO ALL WHOM THESE PRESENTS SHALL COME: DPS#: 01607144 TDCI#: $384032$

WHEREAS EDDIE DON JOHNSON was convicted of a felony offense of the Penal Code and sentenced to imprisonment in the Institutional Division of the Texas Department of Criminal Justice, was released to administrative supervision and subsequently failed to fulfill the terms and conditions of said release.

NOW, THEREFORE THE BOARD OF PARDONS AND PAROLES, by virtue of the authority vested in it under the laws of the State, does hereby REVOKE that administrative release and same shall be null and void and of no force and effect as of this date. It is hereby ORDERED THAT A WARRANT be issued and the aforementioned person be returned to be confined in the Institutional Division of the Texas Department of Criminal Justice.

TO ANY SHERIFF, PEACE OFFICER OR OTHER PERSON AUTHORIZED BY LAW TO MAKE ARRESTS, OR THE SUPERINTENDENT, WARDEN OR OTHER PERSON IN CHARGE OF ANY JAL, PENITENTIARY OR OTHER PLACE OF DETENTION, FEDERAL OR STATE:

WHEREAS SUBJECT, has violated the conditions of administrative release, and the Board of Pardons and Paroles has revoked same;

NOW, THEREFORE IT IS ORDERED that any person to whom this proclamation and warrant shall come is hereby authorized and directed to arrest said fugitive administrative release violator and hold in custody, and deliver or yield said person to the custody of officers of the Institutional Division of the Texas Department of Criminal Justice of the State of Texas for return to said institution. All parties are hereby informed that said administrative release violator waived the right of extradition as a condition of administrative release. The process is issued upon the authority of the Board of Pardons and Paroles as provided in Article 42.18. Texas Code of Criminal Procedure and Chapter 508, Texas Government Code. THIS PROCLAMATION OF REVOCATION/WARRANT OF ARREST IS NOT SUBJECT TO BAIL.

ISSUE DATE $\frac{03 / 25 / 2005}{03 - 25 - 05 - 384033}$ BPP-COC-98 (R-09-24-03)

Board of Pardons and Paroles P. 0. Box 13401

Austin, TX 78711 (512) 406 - 5452

Teletype# BPPZ or ORJ# TX227015G Distribution: DPS TDCI-ID DETAINING AUTHORITY

*61

BOARD OF PARDONS AND PAROLES

Hearing Section

HEARING REPORT PROCESSING SHEET
$◻$ PRELIMINARY $◻$ REVOCATION

NAME: JOHNSON EDDIE DON TDCJ #: 00364033 SID #: 01607144 RELEASE DATE: $01 / 16 / 2004$ DISCHARGE DATE: $11 / 12 / 2042$ DATE $◻$ WARRANT / $◻$ SUMMONS ISSUED: 03/01/2003 EXECUTED: 03/01/2005 OFFENDER $◻$ REQUESTED / $◻$ WAIVED REVOCATION HEARING ATTORNEY DETERMINATION: $◻$ APPROVED $◻$ DISAPPROVED $◻$ WAIVED $◻$ RETAINED FINDINGS $H / O$ $◻$ MAILURE TO COMPLY WITH SUPER INTENSIVE

| $◻$ Admit | $◻$ Deny | Rule # | | RECOMMENDATIONS | | | | | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | | | | | NON-REVOCATION ACTION | | ISF | SAFP | | PAROLE OFFFICER | | $◻$ | $◻$ | | | $◻$ | $◻$ | | HEARING OFFICER | | $◻$ | $◻$ | | | $◻$ | $◻$ | | REVIEWER: | | $◻$ | $◻$ | | | $◻$ | $◻$ |

ADDITIONAL RECOMMENDATIONS: ( $◻$ SAFP BED CERTIFICATION ATTACHED)

$◻$ NON-REVOCATION ACTION: PENDING ADJUDICATION OF CHARGES $◻$ NON-REVOCATION ACTION: CONTINUE SUPERVISION REAFFIRM ANY EXISTING SPECIAL CONDITIONS OR MODIFY AS NOTED BELOW $◻$ NON-REVOCATION ACTION: NO FINUING $◻$ NON-REVOCATION ACTION: ALLOW TO DISCHARGE $◻$ REFER CASE BACK TO HEARING OFFICER FOR FURTHER DEVELOPMENT OF FACTUAL OR LEGAL ISSUES, WITH OR WITHOUT REOPENING THE HEARING, FOR THE FOLLOWING:

DISPOSITION DATE: $3 / 25 / 05$ DIST: CENTRAL HEARING SECTION HEARING OFFIC.D.OFORDILE/HOUSTON HEARING SUPV OFF/R. DICKERSON/SOUTH TEXAS ISF AGT OFF/ OFFENDER/SAME AS ABOVE ATTORNEY/1.W.PRESIPKE $111 W .15 T H$ STREET HOUSTON, TEXAS 77/02 BD. ANALYST RECEIVE DATE: $23 / 23 / 25$

*62

Texas Department of Criminal Justice

OFFENDER

STEP 1 GRIEVANCE FORM

Offender Name: TOHNSON, EDDIE DON TDCJ# 34033 Unit: LYNAUGH Housing Assignment: I IOZ-B Unit where incident occurred: WALLS CLASSIFICATION AND RECORDS

OFFICE USE ONLY Grievance #: Date Received: Date Due: Grievance Code: Investigator ID #: Extension Date: Date Reid 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)? MMMMMSTPATDIE SNSTEMS PERTICIPANTS When? HIC-BH TMLU BO-H-DS What was their response? THE NECESSARY REQWEST WITH THE BUREAU OF PRISON HANE BEEN FILED. What action was taken? HAD NOT RECEIVED ANY RESPONSE AT NO STOET 1 B 2005 State your grievance in the space provided. Please state who, what, when, where and disciplinary case number if appropriate. THE TEMS DEPARTMENT OF CRIMINAL JUSTICE-TMSTITUTIONAL DIMISTON IS IMPROFERLY DEMIDNG SID NO. DIDOTY4' T.D.C.I-I.D. NO 434033 OFFENDER TOHNSON, EDDIE DON TO MANDATORY SENTENCING. CALMDAR TIME SERVED PLUS ACCRUED GOOD CONDUCT TIME EQUAL TO SIRTY VERAS BUT T.D.C.I-I.D. AND RBP IS DEMIDNG OFFENDER HIS RELEASE TO MAMDATORY SENTENCING. SID...DIDOTY4 T.D.C.I-I.D. NO. 344033 OFFENDER TOHNSON, EDDIE DON WAS DUE TO BE RELEASED FROM T.D.C.I-D. DISCHARGE WITH COMMUNITATION AND TRUSY TIME LYN-G4, BUT CONDITIONS WAS ISSUED BY RBP THEREBY CAUSES DEPRIATIDN OF INDIVIDUAL'S RIGHTS. BY A POLICY RETERCIINGLY APPLIED TO THE RELEASE. OFFENDER TOHNSON, EDDIE DON 434033 DISCHARGEO HIS SIRTY VERAS SENTENCE AND WAS NOT RELEASED FROM T.D.C.I-I.D. TEMS DEPARTMENT OF CRIMINAL JUSTICE-TMSTITUTIONAL DIMISTON, BUT TEMSFERRED TO ANOTHER CUSTOBERL IMSTITUTION RESULATED BY THE TEYAS BOARD OF PREDONS AND PAROLES UNDER THE TEMS DEPARTMENT OF CRIMINAL JUSTICEUMBERGA. THES OFFERSE WAS COMMITTED OCTOBER 28, 1982 OFFENDER WAS SENTENCED AUGUST 4, 1983, RELEASED BY T.D.C.I-I.D. SEPTEMBER 28, 1983. AT THAT TIME THE RELEVANT STATUS PRINTDED AS FOLIOUS: A PRESOWER MAY NOT BE RELEASED TO MANDATORY SUPERVISION IF THE PRESOWER IS SERUING A SENTENCE FOR OF HAS PREVIOUSLY BEEN CONVITTED OF MUNDER 19.02 PENAL COOK. AT THE TIME OFFENDER COMMITTED THE OFFERSE THE STATUS WAS UNDERD DIFFERENTIY AT THAT TIME A CONVITTION FOR THE OFFERSE RENDERED THE PRESOWER INELEGEDLE FOR RELEASE ON MANDATORY SUPERVISION. THE REVOCATION INUOLE A NEW CRIMINAL CONVITION AFTER THE OFFENDER HAVE SERUED 21 Ys. 4 mos 21 Days. OFFENDERS ELLIGIBILITY FOR MANDATORY SUPERVISION RELEASE IS DEPRESSURE BY THE STATURE IN EFFECT AT THE TIME OF HES CURRENT OFFERSE, THAT STATURE REQUENES THAT THE CONVITCTDNS BE ENHMERATED ON THE CURRENT LIST OF INELEGIBLE OFFERSES BEFORE I-127 Front (Revised 9-1-2001) YOUR SIGNATURE IS REQUIRED ON BACK OF THIS FORM C:OTI 82005

*63

IT RENDER THE DUEECHT CONVITCTION ELECTRLE FOR MANUARIQY SUPPRESSION. OTHER Johnson, EDDIE DON 's S&;YD'S HAD NO pAROLE TO REVOKE, WHY AM E HERE? EYPILATN TO ME. IT HAVE TO BE A REASON. OFFENOER Appreciate Your Help IN Resoluting THIS MATTER.

OCT 18 - 2005

Action Requested to resolve your Complaint. RELEASE UNDER VERSION OF THE STATUS IN EFFECT WHEN THE OFFENSE WAS COMMITTED US" LECTSNATURE CAMPER 347 SECTION 3 F (3) 2 NOT TOT LECTSNATURE CAMPER 185 MB 1335 article 5. SECTION 5.01 APTICE 42.18 CODGE OF CRIMINAL PROCEDURE SECTION B. ELLIGIBILITY FOR RELEASE: CONDITIONS ON RELEASE SEE B (C) AND SEE 13 AND SEE 15. OFFRICER OTHER Signature: SMOKE: BERL. DANEY KNOWN OCT 182005 Date: 12-17-05 Grievance Response:

Signature Authority: Date: If you are dissatisfied with the Step 1 response, you may submit a Step 2 (1-128) 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 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. Vacant-discontinued 9-1-00 $◻$ 10. Illegible/Incomprehensible. $◻$ 11. Inappropriate. $◻$ UGI Signature: I-127 Back (Revised 9-1-2001)

*64 BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Sandy Pickell, who, after being duly sworn, deposes as follows:

My name is Sandy Pickell. I am over eighteen years of age, of sound mind; capable of making this affidavit; and personally acquainted with the facts herein stated. I am employed as Assistant Director, Review and Release Processing Section of the Texas Department of Criminal Justice - Parole Division ("Parole Division").

I also am the deputy custodian of records for the Parole Division. Attached hereto, and incorporated by reference, as Exhibit A are twenty-six pages of the Parole Division Record ("Record") about Eddie Don Johnson ("Johnson"), TDCJ # 364033, which are kept by the Parole Division in the regular course of its business, and it was the regular course of business of the Parole Division for an employee or representative of the Parole Division, with knowledge of the act, event, condition or opinion, recorded to make the Records or to transmit information thereof to be included in the Record; and the Record was made at or near the time or reasonably soon thereafter. The attached Record is an exact duplicate of the original.

*65 Johnson, Eddie Don TDCJ# 364033 Page 2

Offender Johnson committed the offenses of Murder With Deadly Weapon on or about 10-29-1982, in Harris County, Texas, in cause numbers 375536 and 375537. Johnson was sentenced to serve two- sixty (60) years in the Texas Department of Criminal Justice-Institutional Division out of the $185^{th}$ District Court of Harris County on 8-15-1983, with a sentence to begin on 11-21-1982.

Johnson was released from TDCJ custody on mandatory supervision on 1-16-2004, with a maximum expiration date of 11-12-2042. On 3-1-2005, a Pre-Revocation Warrant of Arrest was issued by the Parole Division. Johnson was arrested in Harris County on 8-5-2004, and mandatory supervision revoked on 3-25-2005. Offender Johnson was returned to TDCJ custody on 4-8-2005. At the point of readmission offender Johnson was charged for a period of 6 -months, and 19 -days as out of custody for an unsatisfactory term of mandatory supervision. The offender was additionally penalized by the forfeiture of prior earned goodtime credits as provided by TEX. GOV'T CODE 498.004(b). The offender was denied "street-time" pursuant to Section 508.283(b) of the TEX. GOV'T. CODE, due to current offenses of Murder With Deadly Weapon.

Pursuant to TEX. Gov't CODE § 501.0081, TDCJ must respond to time credit disputes within 180-days of receipt by the Classification and Records Office. This office received a time dispute resolution form from offender on 5-11-2005, 6-20-3005, 10-25-2005, and 8-31-2006, and responded to the offender on 2-1-2006, 3-3-2006, 4-14-2006, and 5-10-2007. This office responded to the offender that there was no error in his current time calculations. The offender was further advised that if he was dissatisfied with this response that he should contact State Counsel for Offenders for further assistance.

*66

Whether Johnson has ever received supervised release (if so, please state all dates on which Johnson received supervised release: if not, please state the reasons for Johnson not recenng supervised release).

Ans: Records maintained by the TDCJ - Parole Division indicate that Johnson was released to mandatory supervision on January 16, 2004: At the time of his release, Johnson had a scheduled discharge date of November 12, 2042. (See Exhibit A, page 1 - 2, "The State of Texas Certificate of Mandatory Supervision").

Whether Johnson has been determined to be subject to "discretionary" mandatory supervision (if so, please state the basis upon which applicant is under this status).

Ans: No, Johnson is not subject to discretionary mandatory supervision review under § 508.149 (b), Texas Government Code. Johnson is serving sentences for offenses committed prior to September 1, 1996. Therefore, his release to mandatory supervision is not discretionary, when his calendar time served and good time equal his total sentence as calculated by the TDCJ - Institutional Division Classification and Records Office, he will be released. Johnson's projected release date to mandatory supervision is currently calculated as October 24, 2017.

Whether Johnson has ever been denied mandatory supervision release when he accumulated the amount of time credits required for such release (if so, please state the legal basis and the specific reasons for Johnson being denied mandatory supervision: if not, please identify any dates in which Johnson was particularly released to mandatory supervision).

Ans: As noted previously, Johnson was released to mandatory supervision on January 16, 2004. Johnson's projected release date to mandatory supervision is currently calculated as October 24, 2017, and his maximum expiration date is June 10, 2043.

*67

*68

SHARON KELLER PRESIDING JUDGE

LAWRENCE E. MEYERS TOM PRICE PAUL WOMACK CHERYL JOHNSON MIRE KEASLER BARBARA P. HERVEY CHARLES R. HOLCOMB CATHY COCHRAN JUDGES

COURT OF CRIMINAL APPEALS

PO. BOX 12308, CAPITOL STATION AUSTIN, TEXAS 78711

LOUISE PEARSON CLERK $512 - 463 - 1551$

EDWARD J. MARTY GENERAL COUNSEL $512 - 463 - 1597$

June 21, 2006

Euule Juri Johnson Lynaugh Unit - TDC #364033 1098 S. Hwy. 2037 Fort Stockton, TX 79735 RE: $375537 - B$ WR-31,972-04

Your letter has been received. Please be advised: To obtain Copies of items requested, contact the State Law Library, Inmate Copy Service, at PO Box 12367, Austin Texas 78711-23267. Please be sure to include your full name and any aliases, TDCJ number, date of conviction, county of conviction, appeal number and complete mailing address.

Your records will not be returned to you because once records are received in the Court they become the permanent records of this Court

Neither the Judges nor the staff of the Court can give legal advice. We recommend you contact Inmate Legal Services at the Texas Department of Criminal Justice, Institutional Division.

Your wnt of habeas corpus has not been received in this court. Please contact the district court for the status of your case.

The Court of Criminal Appeals does not provide forms. Habeas forms may be obtained from the unit law library or contact the District Clerk of the county of your conviction.

Your change of address has been received and noted in our system.

Sincerely, Chucestanssis Louise Pearson Clerk

*69 State (G)unsel for (O)ffenders

A Bibision of (R)exas Department of (R)riminal Justice

P.O. Box 4005

Huntsville, TX 77342-4005

August 30, 2006

Eddie D. Johnson TDCJ# 364033 James Lynaugh (LH/73) Dear Mr. Johnson: The TDCJ-ID computer reflects that you have been eligible for parole release since 03-01-05. Whether or not you are granted parole is up to the sole discretion of the Board of Pardons and Paroles. As of today's date, you have a mandatory supervision release date of 03-23-2018.

If you are not granted parole, you will not be released until you have reached your mandatory supervision release date. Remember however, that this date (03-23-2018) is a projected date, reached when the good time added to your flat time equals the length of the sentence (60-years). Any loss of good time or a status change will affect this date.

Sincerely,

Barbara Clendennen Legal Assistant, Appellate Section /bc c: File

*70

STATE OF TEXAS BOARD OF PARDONS AND PAROLES

March 5, 2012

Eddie Johnson TDCJ# 364033 Lynaugh Unit 1098 S. Highway 2037 Fort Stockton, TX 79735

Dear Mr. Johnson: Your correspondence dated 1/3/2012, addressed to Ms. Rissie Owens, Presiding Officer (Chair) of the Board of Pardons and Paroles was referred to Special Review for a reply.

Special Review applies to cases reviewed during the normal review process and denied release to parole or mandatory supervision. A request for a Special Review shall be considered only in the following circumstances:

A parole panel member who voted with the majority on the panel desires to have the decision reconsidered prior to the next review date.
A written request on behalf of an offender cites information not previously available to the parole panel. In accordance with $§ 145.17$ (C), Texas Administrative Code, all requests for special review shall be in writing and signed by the offender or their attorney. Information not previously available shall mean only: (A) responses from trial officials and victims; (B) a change in an offender's sentence and judgment; or (C) an allegation that the parole panel commits an error of law or board rule.

Allegation(s) must clearly show/state the error in law or board rule. 3. If both parole panel members who voted with the majority are no longer active board members or parole commissioners, the presiding officer (chair) places the case in the special review process to be reconsidered prior to the next review date.

*71

UNSWORN DECLARATION

I, EDME DMI JOHNSON

, TDCJ NUMBERT #JEN 4033

Being presently incarcerated in the JANES A. VANOUGH, Unit of the Texas Department of Criminal Justice, in PECOS County, Texas

Declare under penalty of perjury that I am the applicant in the above and foregoing Motion. I have read said motion and the factual allegations of the same are true and Correct.

Executed on this , day of June , $2015^{\circ}$ . Idd. Dan Oshanzer, H364033

EDDLE DAN JOHNSON #. JEN 4033 , Movant, Pro Se

*72 Velva L. Price District Clerk, Travis County Travis County Courthouse Complex P.O. Box 679003

Austin, Texas 78767

DATE: May 21, 2015

EDDIE DON JOHNSON TDCJ ID: 00364033 JAMES A. LYNAUGH UNIT 1098 S. HIGHWAY 2037 FORT STOCKTON, TX 79735

ORDER (DISMISSED WITH PREJUDICE) D-1-GN-13-001602 EDDIE DON JOHNSON VS. TEXAS DEPARTMENT OF CRIMINAL JUSTICE PAROLE DIVISION

You are hereby notified that the above order has been signed and entered MAY 13, 2015 in the 200TH JUDICIAL DISTRICT COURT of Travis County Texas in the above numbered and entitled cause.

Velva L. Price, District Clerk

*73

COURT OF THE

MAY 12 2015

CAUSE NO. D-1-GN-13-001602

AD 2:47 PMNS

Vohis b. Price, Bister Eilith

EDDIE DON JOHNSON

Plaintiff,

TEXAS DEPARTMENT OF CRIMINAL JUSTICE- PAROLE DIVISION Defendant

IN THE DISTRICT COURT OF

TRAVIS COUNTY, TEXAS

5 5 5 5 200th JUDICIAL DISTRICT

Order

On this day, this Court considered Defendant's Amended Plea to the Jurisdiction and any response thereto.

It is hereby ORDERED that Plaintiff's claims be DISMISSED WITH PREJUDICE for lack of subject matter jurisdiction. This order operates as a final judgment.

Signed this day of , 2015.

*74 APPEALS NUARBER 03-15-00343 CV rRtal CouarCase NUARBER 04-64-13-001602

EDDIE DOR JOHNSON F.D.C.I.EO-4364033

JAMES A. LAMAUGHUNIT 1048 S.HWY 2037 FORTSTOCETM, TEXAS $74735 - 4745$

JUNE 18. 2015 An. JEFFREY O. WUE. CLeak. cousr of APPEALS THERO DISTRIT OF TEXAS P.O. BOE 12547

Austal, TEXAS, 75311-2547

RE: COURT OF APPEALS NUARBER 03-15-00343-CV TRtAL COURT CASE NUARBER 0-1-0N-13-201602

STILE EDDIE DAN JOHNSON V. THE STATE OF TEXAS

DEAR. MR. JEFFREY O. WUE. CLeak. ENCLOSED WHYHIN PLEASE FUND A COPY OF PLANWREF-APPCLANT APPENS BRIEF IN THE BBOVE REFERENCED CAlSE THAT CIARA BE DISMESSED WITH PERIUDIEC POR LACK OF JURISDETTON, ENTERED IN THIS ACTON ON $13^{th}$ DAY OF MAY 2015. PLEASE FILE AND BRUNG TO THE ATTENTION OF THE COURS OF APPENS THIRD DISTRIT. IF THERE ARE ANY QUESTING ABOUT THIS REQUEST. I CAN BE REACHED At THE BECON ROORES.

I APPRECIATE YOUR ASSESTANIE IN THIS MATERIAL

SINCENELY: Edith D. 1 Whacen 434033 Edith D. 2 Whats 434033 James A. LAMAUGH UNIT 298 S. May 2037 FoerStocetow. TEXAS $74735 - 9795$

*75

NOTES

*The term "administrative release" includes parole and mandatory supervision, preparole transfer, work program and premature release. BPP-FS-50 (R 1/98)

OFFENDER/SAME AS ABOVE ATTORNEY/N/A

Read the detailed case summary

I.

JURISDIITION

N.

PRELONDNAN'T REVIGATION READING INFORMATION

STATE OF TEXAS WARMANN DEREITING. REYNEEING ADMINISTRATIVE'S RECEENED PASSMENT

ADMINISTRATIVE

N. REHAUSTION OF LEGAL REPREDIES.

X .

UNIVISPURED FACTS NOT AUSTROVED IN PLANITURER

XI.

YII

EDDIE DOH JOHNSONI

K

State of Texas

EEECHTED AT FORT STOCKION. TEXAS 79735-4795

SIZKATURE

Parole in Texas

Parole &; Mandatory Supervision Eligibility Chart

V. TEXAS BOARD OF PARDONS AND PAROLES The provisions of this Part V issued under Acts 1965, 59th Leg., ch. 722, effective January 1, 1966, as amended (Texas C.C.P., Article 42.12); and Texas Constitution Article IV, § 11 , unless otherwise noted.

Chapter 141. GENERAL PROVISIONS

Subchapter A. BOARD OF PARDONS AND PAROLES

§141.1. Presiding Officer (Chair) and Policy Board

§141.2. Policy Board Quorum

§141.3. Policy Board Administration

TEX: JEPARTMENT OF CRIMINAL JUS JE PAROLE DIVISION SISP / EM INSTRUCTION SHEET

I. IF YOU ARE BEING RELEASED TO A PRIVATE RESIDENCE:

II. IF YOU ARE BEING RELEASED TO A COMMUNITY RESIDENTIAL FACILITY:

State of Oexas Texas Department of Cmininal Justice PArdons and PArdle Division Certificate of Mandatory Supervision

Data of iscuance: 12 / 11 / 2005

Name

Abstract

Abstract

STATUTORILY RANDATED CONDITIONS

TEXAS DEPARTMENT OF CRIMINAL JUSTICE PAROLE DIVISION TERMS AND CONDITIONS OF ELECTRONIC MONITORING PROGRAM

REID FACILITY DISCIPLINARY REPORT

NUMBER OF OFFENSE

THE STATE OF TEXAS WARRANT Directing Retaking ADMINISTRATIVELY RELEASED PRISONER* (Non-Executive Clemency)

GREETING:

NOT SUBJECT TO BAIL

TEXAS DEPARTMENT OF CRIMINAL JUSTICE Parole Division

/DPO/

TEXAS DEPARTMENT OF CRIMINAL JUSTICE ** PAROLE DIVISION ADJUSTMENT STATEMENT

SECTION II

SECTION III

SECTION IV

SECTION V

TEXAS DEPARTMENT OF CRIMINAL JUSTI PAROLE DIVISION

RIGHTS OF OFFENDER IN THE REVOCATION PROCESS

C. WAIVER OF HEARINGS

BOARD OF PARDONS AND PAROLES

Hearing Section

OFFENDER'S MOTION TO REOPEN HEARING

EX PARTE

RESPONDENT'S PROPOSED FINDINGS OF FACT. CONCLUSIONS OF LAW, AND ORDER

THE STATE OF TEXAS WARRANT Directing Retaking ADMINISTRATIVELY RELEASED PRISONER* (Non-Executive Clemency) Before Revocation or Rescission of Presumptive/Tentative Parole Date

NOT SUBJECT TO BAIL

TEXAS DEPARTMENT OF CRIMINAL JUSTICE Parole Division

P. O. Box 13401, Capitol Station

TEXAS DEPARTMENT OF CRIMINAL JUSTICE PAROLE DIVISION

RIGHTS OF OFFENDER IN THE REVOCATION PROCESS

A. To: JOHNSON, EDDIE DON

No: 364033

C. WAIVER OF HEARINGS

Releasee

Releasee

D. HEARING REQUEST/SCHEDULE

Releasee

Preliminary Hearing Location

S.

Memo

Check one:

II COMPENSATEN REPRESENTATION

BOARD OF PARDONS AND PAROLES Hearing Section

PRELIMINARY REVOCATION HEARING REPORT

BOARD OF PARDONS AND PAROLES

Hearing Section

HEARING REPORT PROCESSING SHEET ◻ PRELIMINARY ◻ REVOCATION

STEP 1 GRIEVANCE FORM

OCT 18 - 2005

COURT OF CRIMINAL APPEALS

N.
REHAUSTION OF LEGAL REPREDIES.

$X$ .

V. TEXAS BOARD OF PARDONS AND PAROLES
The provisions of this Part V issued under Acts 1965, 59th Leg., ch. 722, effective January 1, 1966, as amended (Texas C.C.P., Article 42.12); and Texas Constitution Article IV, $§ 11$ , unless otherwise noted.

State of Oexas Texas Department of Cmininal Justice PArdons and PArdle Division
Certificate of Mandatory Supervision

Data of iscuance: $12 / 11 / 2005$

THE STATE OF TEXAS
WARRANT
Directing Retaking
ADMINISTRATIVELY RELEASED PRISONER*
(Non-Executive Clemency)

THE STATE OF TEXAS
WARRANT
Directing Retaking
ADMINISTRATIVELY RELEASED PRISONER*
(Non-Executive Clemency)
Before Revocation or Rescission of Presumptive/Tentative Parole Date

HEARING REPORT PROCESSING SHEET
$◻$ PRELIMINARY $◻$ REVOCATION