in Re: Billy Ross Sims ( 2015 )

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JULY 27, 2015
Ms. Cathy S. Lusk, Clerk
Twelfth Court of Appeals
1517 West Front Street, Suite 354
Tyler, Texas 75702 FILED IN eOUBT OF APPEALS
12th Csurt of AsjDsals District;
RE: Filing of Original Petition For Writ Of Mandamu
IN RE BILLY ROSS SIMS, # 511649
JUL 29 2015
TO THE HONORABLE CATHY S. LUSK: TYLER TEXAS
CATHY S. LUSK, CLERK
Dear Ms. Lusk,
Please find enclosed my Petition For Writ Of Mandamus, and
a Motion For Suspension Of The Rules.
This is an original proceeding. I have also enclosed an
affidavit of inability to pay cost.
I have enclosed a SASE for your reply notice of filing.
I thank you for your kindness .
Kind regards,
^
1^
Billy R. Sims, 511649
Powledge Unit
1400 FM 3452
Palestine, TX 75803-2350
CAUSE NUMBERi^AO ~^Ql^Q'
IN RE BILLY ROSS SIMS, 511649 IN.THE
Relator § TWELFTH COUlft|!0F."'AP©SJffi3'OF APPEALS
AT TYLEP,1 TEXAS
MOTION FOR FREE APPELLATE RECORD
Comes now the Relator, Billy Ross Sims (Sims), and &sks the GfRiffcXAS
CATHY S. LUSK, CLERK
to order the clerk to prepare a free appellate reco the
real party in interest and filed a civil suit not involving the
department; see Chapter 14.001(2), on February 27, 2015, under the
prison mailbox rule. No contest to the IFP application was made.
On 6-30-15, the trial court initialed an Order of Dismissal disposing
of Sims' constitutional claims without a factfinding hearing at the
pleading stage as 'frivolous,' A request for findings of fact and
conclusions of law was filed on July 8, 2015 via the prison mailbox
which extended the time for perfecting an appeal under TRAP Rule 25.1
(a)(4) to 90 days from 6-30-15. The Clerk's Record which includes
the Complaint Sims filed, is necessary for this appellate process
in relation to the Order of Dismissal's claim that Sims' Constitutional
claims presentations were 'frivolous' at the pleading stage when Texas
courts operate on 'notice pleading' rules of Civil Procedure, and
Sims cannot afford to reproduce and mail the complaint to this Court .
This appellate process is not frivolous because the trial court
failed to provide a neutral and detached hearing official, who then
acted to dispose of legitimate claims of constitutional violations
that State officials not employed by the department were denying
Sims equal protection of the laws and violating his constitutional
protections to ex post facto, retroactive application of new laws,
and the trial court official labeled this 'frivolous' at the pleading
stage and abused the court's discretion.
1
This Court has jurisdiction over the trial courts PADILLA vs
McDANIEL, 122 S.W.3d 805 (TCA 2003).
The entire Clerk's Record is necessary to show the correspondence
that occurred with the trial court officials after the case was filed.
An appellate review of the short Complaint and affidavit would be
necessary to determine the trial court's hearing official's abuse of
the court's discretion not only in labeling Sims' legitimate claims
'frivolous' but in imposing costs and fees with no jurisdiction to
do so, thus causing Sims irrepairable harm, in that it caused the
department to seize Sims' VA benefits that are exempt from the legal
process under state and federal law.
PRAYER
For these reasons Sims asks this Court to order the district
clerk to prepare a free appellate record.
There was no conference regarding this motion as the only parties
at this stage are tha district clerk and judge . No service of process
on defendants in the civil suit at this tage -
VERIFICATION
I, Billy R. Sims, being presently incarcerated in the TDCJ-CID
declare under penalty of perjury the foregoing is true and correct
according to my own beliefs. Signed this 27th Day of July, 2015.
Billy R. Sims, 511649
Powledge Unit
1400 FM 3452
Palestine, TX 75803