Case Information
*1 December 14,2017 Victor Vega, #1447025
Clerk of the Court 12th Court of Appeals
Michael Unit 2664 FliSUMT —_______^
1517 W. Front Street, Suite 354 Tyler TX 75702 Re: Case No. 12-17-00386-CV
Trial Cause No. DCCV17-432-349 DEC2 0 2W In re VEGA received your December 7, 2017 letters on December 12, 2017, concerning my filing/of Relator'IVitB6)iT<g)!^^ of Mandamus, in the above referenced case. / RAM ESTE9 O/ cr
In your letter, you state that my Petition fails to comply with Tex.R.App.P. Rules 52.3(k) and 52.7, that I must file another Affidavit of Previous Filings, and must include $155 filing fee. I believe this to be in error. Pursuant to Tex.R.App.P. Rule 20.1, "A party is not required to pay costs in the Appellate Court if the Trial Court ordered the party to pay partial cost or to pay costs in installments." In both my cover letter and Petition, I noted that I am proceeding in this matter under the presumption of indigence as required by Tex.R.App.P. Rule 20.1(b)(2). No party has filed any motion under Tex.R.App.P. Rule 20.1(b)(3)(A) claiming my circumstances have changed. As I am presumed indigent, and the Trial Court ordered me to pay the costs of the underlying cause in installments, I am entitled to proceed without the payment of costs, filing of the Clerk's Record, and to allow the Appendix required to be satisfied by the existing filings in the Trial Court's docket. I am including however, two copies of Relator's Declaration of Previous Filings, a certified copy of my Inmate Trust Fund Data Sheet, and text of the Rules relied upon which my arguments are based, as requested. As an inmate, I do not have access to make photocopies, thus I cannot furnish copies of the Trial Court's Order. Please file these with the Court, serve a copy on opposing counsel, and return a file marked copy to me for my records. I have included a postage prepaid, self-addressed envelope for your convenience. Your attention in this matter is greatly appreciated.
RespectfuMy, Victor Vega, #1447025 ProSe
End. Cc:file
*2 Appellate Cause No. 12-17-00302-CV Trial Court Cause No. DCCVI7-432-349 Victor VEGA, #1447025, Appellant § 12thCourt of Appeals § vs. § for the §
\FILED
/M c lor7T~—
Lorie Davis, Director, TDCJ-ID, et ai,
§ State of/T$gfh pn. . , ' 0F APPEALS
Appellees
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D£C
2 0 101? UNSWORN DECLARATION OF PREVIOUS FILINGS / ' =TT — . Testes, clerk I, Victor VEGA, #1447025, ("Appellant"), in this action, declare 1have brought one previoussTJitTTITTd been a party to a second suit, while incarcerated, as detailed below, as required by Tex.Civ.Prac. & Rem. Code §14.004(a).
1. 42 U.S.C. §1983 suit filed in the United States District Court, Eastern District, Sherman Division, Civil Action No. 4:16cvl72, Victor VEGA, #1447025 v. Town of Flower Mound, Texas, et al., including the Town of Flower Mound, Texas, Flower Mound Police Chief, Martha Kotila, and LevonaBurgess. Appellant's suit involved The Town of Flower Mound, and it's employees named, violated Appellant's right to Due Process in regards to personal property the Town seized pursuant to a search warrant in Appellant's criminal case, that was improperly destroyed without giving him notice as required by state law. The DistrictJudge, Amos L. Mazzant, III, dismissed the suit with prejudice. The case is currently pending appeal in the 5th Circuit Court of Appeals, Appellate Cause No. 17-40346. This case was not dismissed as frivolous or malicious.
2. 42 U.S.C. §1983 suit filed in the United States District Court, Eastern District, Tyler Division, as original Civil Action No. 6:16cv503, Steven Keith GREEN, #1628182 v. Texas Department of Criminal Justice, et al., as a class action lawsuit. The Court split this suit into 400 individual actions, Appellant's being Victor VEGA, #1447025 v. Texas Department of Criminal Justice, et al., Civil Action No. 6:16cv573. after Magistrate Judge K. Nicole Mitchell's Order of Deficiency and Severance, which ordered each of the nearly 400 inmate plaintiffs to file individual applications of in forma pauperis status, or pay filing fees. Appellant's individual action was dismissed without prejudice for want of prosecution by District Judge Ron Clark. This case was not dismissed as frivolous or malicious.
VERIFICATION
*3 I, Victor VEGA, #1447025, do hereby swear, certify, and verify, that the foregoing information is true and correct under penalty of perjury. Executed this 13th day of December, 2017 at Tennessee Colony, Texas. /Tctor Vega, #1447025 ProSe Michael Unit
2664 FM 2054
Tennessee Colony TX 75886
APPENDIX
*4 Tex.R.App.P. Rule 52.3(k) requires Relator provide the text of any rule, regulation, statute, or any other law on which his argument is based. Relator asserts that his arguments are based on the following Texas Rules of Appellate Procedure: Tex.R.App.P. Rule 296 Request for Findings of Facts and Conclusions of Law
In any case tried in the District or County Court without a jury, any party may request the Court to state in writing its Findings of Facts and Conclusions of Law. Such request shall be entitled "Request for Findings of Facts and Conclusions of Law"and shall be filed within twenty days after the judgment is signed with the Clerk of the Court, who shall immediately call such request to the attention of thejudge who tried thecase. The party making the request shall serve it on all other parties in accordance with Rule 21a. Tex.R.App.P. Rule 297 Time to File Findings of Facts and Conclusions of Law
The Court shall file its Findings of Facts and Conclusions of Law within twenty daysafter a timely request is filed. The Court shall cause a copy of its findings and conclusions to be mailed to each party in the suit. If the Court fails to file timely Findings of Facts and Conclusions of Law, the party making the request shall within thirty days after filing the original request, file with the Clerk and serve on all other parties in accordance with Rule 21a a "Notice of Past Due Findings of Facts and Conclusions of Law" which shall be immediately called to the attention of the Court by the Clerk. Such notice shall statethe date of the original request was filed and the date the Findings of Facts and Conclusions of Law were due. Upon filingthis notice, the time for the Court to file Findings of Facts and Conclusionsof Law is extended to forty days from the date the original request was filed.
*5 CSINIB02/CINIB02 TEXAS DEPARTMENT OF CRIMINAL JUSTICE 12/14/17 MI59/SS00136 IN-FORMA-PAUPERIS DATA 11:26:04
TDCJ#: 01447025 SID#: 07741648 LOCATION: MICHAEL
INDIGENT DTE:
NAME: VEGA,VICTOR
BEGINNING PERIOD: 06/01/17
PREVIOUS TDCJ NUMBERS:
CURRENT BAL: 285.22 TOT HOLD AMT: 0.00 3MTH TOT DEP: 600.00
6MTH DEP:
1,500.00 6MTH AVG BAL:
386.30 6MTH AVG DEP: 250.00
MONTH HIGHEST BALANCE TOTAL DEPOSITS
MONTH HIGHEST BALANCE TOTAL DEPOSITS 11/17 624.14 300.00 08/17 534.28 300.00 10/17 560.04 0.00 07/17 631.79 300.00 09/17 560.04 300.00 06/17 535.32 300.00
PROCESS DATE
HOLD AMOUNT HOLD DESCRIPTION STATE OF TEXAS COUNTY OF /fAS{£SiiM ON THIS THE/^DAY OF T£av^,c OW I CERTIFY THAT THIS DOCUMENT IS A TRUE, COMPLETE,AND UNALTERED COPY MADE BY ME OF INFORMATION CONTAINED IN THE COMPUTER DATABASE REGARDING THE OFFENDER'S ACCOUNT. NP SIG: PF1-HELP PF3-END ENTER NEXT TDCJ NUMBER: OR SID NUMBER:
Notary Without Bond