Travis County Sheriff's Office Senior Certified Peace Officer Dennis Tumlinson v. Carolyn Barnes ( 2015 )

ACCEPTED
03-15-00642-CV
8169789
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/10/2015 2:09:59 AM
JEFFREY D. KYLE
CLERK
IN THE THIRD COURT OF APPEALS
AUSTIN TEXAS
FILED IN
DENNIS TUMLINSON § 3rd COURT OF APPEALS
AUSTIN, TEXAS
12/10/2015 2:09:59 AM
v. § 03-15-00642-CV
JEFFREY D. KYLE
CAROLYN BARNES, ET AL § Clerk
MOTION TO EXTEND TIME FOR FILING APPELLEE'S BRIEF
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, CAROLYN BARNES, hereinafter referred to as
BARNES, and files this motion to extend time for filing Appellee's Brief,
and in support thereof would show the court as follows:
1. Barnes is still awaiting the clerk and court reporter's record,
which the Clerk's Office states they mailed on December 4, 2015. The
Clerk has blamed the delay on the holidays, but this is the 9th and the CD
with the record still has not arrived.
2. Barnes has sent several emails to opposing counsel and not
obtained any response with respect to his agreement for this extension of
time. Just prior to printing this document so it could be placed in the mail,
Barnes received a response from opposing counsel stating that he had no
idea what Barnes was talking about or requesting and so Barnes resent all
her prior emails and asked again for his agreement for this extension of time.
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Barnes had not received a response, but has stated that if no response is
made, she will assume that there is no objection.
3. Rather than continue to wait on the CD and a response from
opposing counsel, Barnes now files this motion to extend time for filing
Appellee's Brief.
4. The Brief is due today, but Barnes does not yet have the record
to incorporate the requisite cites in the brief.
5. Tumlinson certainly will not be harmed by the delay because
Barnes has been foreclosed from appealing the summary dismissal of the
other Travis County defendants in this case due to the bias in the trial court
and the retaliation against Barnes for exercising her right to petition for
redress of grievances in the courts of law.
6. Barnes suspects that the record will not be complete when it is
received and she will also have to file a motion to supplement the record. It
is obvious from the Appellant's brief that the Travis County Attorney's are
continuing their duplicity and dishonesty with respect to the critical facts in
this case. They have made substantial misrepresentations of material fact in
their brief, which will require extraordinary citing to the record. This is not
only abusive, it is oppressive.
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7. The trial court has failed and refused to sever the dismissed
parties from the suit so that Plaintiff can appeal the summary dismissal of
those defendants under an abuse of Chapter 13 Tex. R. Civ. Proc. Plaintiff
is being hindered from appealing the adverse rulings of the trial court, while
Tumlinson is allowed an interlocutory appeal. This is patently unfair when
the abuser and criminal is employed by the government and can destroy all
the evidence of his crime and the malicious, violent assault on Barnes. This
assault was in broad daylight in the Travis County Courthouse clearly
captured on the security video cameras. Despite Barnes securing an
immediate Order from a District Judge to preserve and protect that video
recording that would prove the truth, these State employees destroyed the
video anyway. Despite numerous open records-requests, letters and packets
to four separate grand juries that were intercepted by the State employees,
and requests under the freedom of information act, all discovery was denied
to Barnes in both the malicious prosecution and in the civil case which is
now being appealed. Barnes served discovery but the biased trial court
allowed all the defendants to merely ignore the discovery requests. The trial
court even refused to hear the motions to compel discovery.
8. Due to the continuing criminal conspiracy, these appeals are
much more involved that regular appeals and require much more work to
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brief and present. In a normal case, the parties will have been allowed some
semblance of substantive due process and would have been afforded the due
course of law and equal rights, but Barnes has been deprived of all rights
secured by the Texas Bill of Rights for five years now. Barnes has even
been deprived of any right to file a petition to redress these grievances
through declaratory judgment and prospective injunctive relief. The trial
court dismissed all the defendants under the false pretense that all these
criminal offenders have absolute sovereign immunity to violate the Texas
Bill of Rights and there is not a damn thing the people can do about it.
9. Dennis Tumlinson was a drunk-on-the-job with a long history
of abusing people. There are several documented disciplinary actions where
he abused inmates and co-workers and even another lawyer exactly a year
prior to his assault on Barnes. Now, he is made to look like a hero and
referred to as "Travis County Sheriffs Office Senior Certified Peace
Officer" to bolster his image and make it appear that he is not the abusive,
misogynous, attacker and liar that he is.
10. Barnes timely filed her notice of appeal from the summary
dismissal of the other Travis County defendants, but is not being allowed to
proceed with those appeals. It is patently unfair to allow this interlocutory
appeal while depriving Barnes of any rights to appeal.
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11. The brief is due on December 9, 2015, and Barnes has still not
been able to access the record on appeal to make the proper cites as required
in the brief.
12. Barnes is not allowed to access any internal records of any of
the courts. Barnes has been left indigent as a direct and proximate result of
the malicious actions of the criminal conspiracy and the complete
suspension of the laws, Constitution, and writ of habeas corpus for the past
five years.
13. Barnes timely requested a copy of the record on appeal and was
told it would be mailed, and is now being told that it was mailed on
December 4, 2015. Barnes has no vehicle and cannot just drive into Austin
and secure a copy of this CD physically and must rely on the mail. If the
CD does not arrive this week, Barnes will have to borrow a car and will
physically go in and get a copy of the record.
14. To be timely, the brief should be mailed to the Court today;
however, without the CD or any access to the record on appeal, Barnes is
unable to properly .cite to the record on appeal in the brief as required by the
federal rules of appellate procedure.
15. Barnes is requesting an extension of time for 14 days because
until the CD arrives, Barnes will be unable to complete the brief and will not
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be able to see if the hyperlinks will work or if she will be required to
supplement the record on appeal. This is a time consuming process with
such a voluminous record.
16. This will cause no harm or delay to the other side because when
Barnes filed her appeals and motion to sever to make the summary
dismissals final, the trial court failed and refused to sever the summary
dismissal orders and parties. Thus, Barnes is not able to appeal those
companion decisions that were made and heard at the same time as
Tumlinson's motion to dismiss under Chapter 13.
17. Thus, the Appellee's Brief is due on December 9, 2015 . Barnes
has been corrected by opposing counsel that the brief was actually due
November 30, 2015 because it is an expedited appeal; however he has
agreed to the extension of time. Barnes is requesting an extension of time to
December 23, 2015 and opposing counsel has agreed to this request for an
extension of time. Barnes will make every effort to file the brief earlier if
the hyperlinks in the CD work and if the CD is in a searchable pdf format
when it arrives. If the record is complete, Barnes will file the brief before
the December 23, 20 15 date. If the record is not complete, Barnes will
immediately send a letter to the Clerk to supplement the record.
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18. Barnes is requesting an extension oftime for 14 days and this is
her first request for an extension of time. This request is being made in good
faith and not merely for delay. BARNES prays for such other and further
relief to which she may be entitled, whether at law or in equity.
Respectfully submitted,
Carolyn Barnes
419 Indian Trail
Leander, Texas 78641
Barnes.legalguidance@gmail.com
281-467-8681
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JURAT
COUNTY OF WILLIAMSON
STATE OF TEXAS
Pursuant to Texas Civil Practices and Remedies Code Sec. 132.001, I,
Carolyn Barnes, do hereby swear and affirm that the facts stated above are
true and correct based on personal knowledge.
I aver that "My name is Carolyn Barnes, by date of birth is January 12,
1957, and my address is 419 Indian Trail, Leander, Texas 78641 in the
United States of America. I swear under penalty of perjury that all the facts
stated herein are within my personal knowledge and true and correct.
I have read the foregoing Motion for Extension of Time to File the
Appellee's Brief and the facts stated within that are not verified by the
record are true and correct to the best of her knowledge.
SWORN TO BEFORE ME ON THIS 9th day of December, 2015.
By: ~----.../
Carolyn Barnes
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CERTIFICATE OF CONFERENCE
Barnes has conferred with opposing counsel sending several emails to
him, but received no response. In the last email, Barnes stated that if she did
not receive a response, she would assume he is not opposed to the extension
of time. Opposing counsel has been given sufficient opportunity to object,
but has not expressed any opposition to this request for an extension of time.
Just as Barnes was sending this document, she received a reply email from
opposing counsel and he stated that the brief was actually due on November
30, 2015 because it is an expedited appeal, but that he has no objection to the
extension of time. He stated "we do not object to an extension."
Carolyn Barnes
CERTIFICATE OF SERVICE
By my signature above, I hereby certify that a true and correct copy of
the foregoing document has been served pursuant to Rule 21a of the Texas
Rules of Civil Procedure on all counsel of record on this the 9th day of
December 2015 .
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