Michael Thomas Paul v. Greg Abbot Attorney General for the State of Texas ( 2014 )


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  •                                   CAUSE:     2001-CI-16843                                     ^              <\
    MICHAEL THOMAS         PAUL    (PLAINTIFF)            §   IN   THE   DISTRICT COURr.                o              c
    VS                                                    §    # 225                              U.               "-
    GREG AB30T ATTORNEY GENERAL                           §                                '                "~
    FOR THE     STATE    OF   TEXAS (DEFENDANT)           §    BEXAR COUNTY,         TEXAS
    PLAINTIFF'S ANSWER TO DISTRICT COURT'S
    ATTORNIES
    CLAIM OF NON INDIGENCY OR IN THE
    ALTERNATIVE FRIVILOUS APPEAL
    pLAINTIFF is pro se. The hearing set and heard in presiding court Bexar County on                              _.
    December 5th, 2014 was requested by DINAH GAINES, Chief Staff Attorney, Bexar^                     S        ~<7£
    County Civil District Courts as a malicious filing in an attempt to silence this cait^oiice m           :~o
    and for all. Let it be known that respondents first attorney RANDOLPH V. GONfZ^LEZ £                    ^ =■';
    - SBN:08131200 appeared October 17 and filed a motion for continuance statingjjiat no s»                '■€: -i-
    notice had been given per Tex. R. Civ. P. 21 and that he needed more time to pre£&re im            ^p       _■'_
    answer .since he was unfamiliar with the particulars of the filed suit. Plaintiff will show        ca   :     :■
    E-file and E-serve confirmation on October 06. 2014 to Attorney General who sent Mr.
    GONZALEZ because he had represented the defendant in Justice Court, Comal County.
    Texas on September 20th, 2014 regarding this exact issue. Plaintiff never having had to
    plea a civil case and who had not been in a civil courtr since 2002 was unfamiliar with
    the TexasRules of Civil Procedure when he filed in small claims court for S10.000 plus
    damages and other relief as the court would see fit. Because there was a lack of
    concurrent inherent jurisdiction the Justice slated she was not eligible to make any
    rulings and had to grant the defendants motion to dismiss for lack of jurisdiction. Again
    being a novice Propia Persona litigant Plaintiff was unaware regarding the legalese
    language when the judge granted the motion with prejudice vs. no prejudice, or he would
    ha\e objected to the motion. Plaintiff stopped at the clerks office before leaving the
    facility as to enquire of the Judge if he needed to file in Bexar County which was the
    correct court having jurisdiction or was an appeal necessary first. The clerk returned and
    stated that the judge said if he wanted to file an appeal it must be done within 10 days
    page 1 of 8
    and he was freeto make his own decision since they could not give legal advice. Plaintiff
    believing that he just needed to file in the proper court that retains jurisdiction in family
    court cases as dedicated by the Judicial Court System in TEXAS and the states
    constatulion designating the 225th of Bexar county as a family court and was the
    originating court being the court of inherant and concurrent jurisdiction making it the
    only court allowed to hear pleadings regarding this cause.     Plaintiff attempted to efilc the
    ncessarydocumentation to reopen the initial cause which is the subject of this suit but
    was deniedby the clerks office on more than one occasion. The First time was told that
    this cause isclosed and that a new affidavit of Indigency had to be submitted to file in
    original cause.   Plaintiff filed in person and submitted new affidavits of inability to pay
    court costs stamped September 22. 2014 with two stamped copies sent for service of
    notice by the Sheriff and set the matter for hearing October 5th. The next afternoon the
    Plaintiff receives an email from the district clerks office stating that the petition
    submitted had nothing to do with the original divorce and it was being issued a new
    cause number. Plaintiff replied to the email stating that the petition was everything to do
    regarding thedivorce proceeding and if the clerks office attempted to bypass the record
    then plaintiffwould be forced to report the issue for a judicial review. October 05th.
    2014 healing in presiding was scheduled when initial filing was done September, 22.
    2014. Plaintiff wasnot on the docket for the case he filed into but instead had received a
    new case number from the clerks office and was asked if he could show service to the
    opposing party. Plaintiff didn't receive the return of service from the sheriff as required
    so he asked for the courts leave to return to the District Clerk who was to effect service
    where he was told that since the cause number was a new one he would need to refile
    requests for service under the new number as the notices were not served.       Plintiff
    enquired to the clerk he sent the reply email to on September 23 and was told by the clerk
    that he was told to do it. Plaintiff demanded the filing be placed into the original cause
    and had to complete another setof request for service which was a duplicate to what was
    filed on September 22, 2014. Plaintiff returned to presiding court and made a formal
    complaint to the court clerk regarding the intentional misfiling of his petition and
    requests for service and asked if the judge would sec him. Because the presiding judge
    was still on the bench and hadoverheard the conversation she agreed to hear from the
    plaintiff but stated she could make no ruleings regarding the petition for temporary
    injunction and declaratory relief without showing proof of service.
    page 2 of 8
    After reading the petition and seeing the attached exhibits as evidence regarding the
    petition for declaratory relief and temporary injunction the presiding judge stated that
    theplaintiff should go out front and file a selling for a new dale. Plaintiff did as
    insiructedand was giving the earliest date October 17. that the court was hearing newly
    docketed pleas then proceeded to give notice tothe defense regarding the new date.
    There has been multiple attempts to keep this case from being justly adjudicated and
    plaintiff contends that the district clerks office including the staffattorney are corrupt and
    have violated procedures and even laws regarding the theft of Federal Benefits in excess
    of $11.600 from plaintiffs Social Security Disability. Plaintiff learned through the staff
    attorney before she knew whom he was. that there had been no filings in the original case
    since the divorce decree of May 2002. Upon learning this information plaintiff began to
    suspect that there was more than just the intentional filing of a civil judgment claiming he
    owed $5,140.00 to the state and it appeared on his credit reports causing emotional
    distress, pain and suffering and his public image was so defamed to make him appear as a
    DEAD BEAT DAD for not paying his child support as ordered by the court. The only
    problem with that is a Termination Order relinquishing the parent child relalionshipwith
    his daughter that ordered ex partc in December of 2004 ending with "no other relief so
    ordered." Had the plaintiff been so behind in his support to the child it would have been
    pleaded heavily by the state and a request for an order for contempt to compel payment
    issued. Yet the state made no claims and the Oblige also made no claims as to not
    receiving support payments. Then 6 months after the termination the US Social Security
    Administration receives a second writ for withholding for garnishment of wages that
    continue through 2008 when plaintiff finally learns that the withholding was being paid
    to the state of Texas and not his son in California, accumulating to $11,600 as reported
    by an audit he initiated after providing the order to the administration from the December
    2004 termination which slopped the garnishments administratively from further
    payment. Plaintiff then received a court stamped judgment for an additional $5140.00
    lien and was issued against REAL property had the plaintiff had any. Plaintiff
    telephoned the District clerk and stated that he owed nothing and that he was a victim of
    theft by deception and that the lien was not dully owed. The clerkstated that he needed to
    contact the attorney generals office directly which is what he didand was immediately
    told that they wouldconducl an internal investigation and would get back with him. But
    more than likely the money had been paid to the oblige, plaintiffs ex wife and that if that
    were the case then he would need to take her to court to recover his money.
    page 3 of 8
    Every time plaintiff would call Austin to the office of the attorney general to inquire of
    the investigation he was placed on hold lor 15 io twenty minutes before anyone would
    reply and their answer was always we slill are doing an investigation but rest assured as
    soon as we determine what has happened you will be the first to know. Then in 2013
    Plaintiff learns that the civiljudgment had been reported to all three major credit bureaus
    and when he would inquire they would always state that they had verified the claim and
    he owed it. Plaintiff requested investigations to the factual legitimacy of the lien but was
    never given any reply. Then in 2014 when il was still appearing on his credit reports,
    plaintiff gave written notice to cure the defect or face civil penalty upon which the
    investigations concluded that there was an error and the civil judgments were deleted.
    Plaintiff states Judgments as plurai since there was also a fraudulent claim from Salano
    County California showing as receiving payments for child support and even had
    claimed some as 30-60-90 late but the account was showing paid and current. That is
    why Plaintiff thought the payments were lor his son in California. The reporting bureau
    has sent a letter showingcomplcte deletion of these false claims.
    It is at this point in time that plaintiff filed formally with the Attorney Generals Chief
    Ombudsman requesting relief to have what was removed from him returned. No
    statements of suit seeking extra damages just return what was wrongfully taken. Since
    the Office of the attorney general Chief Ombudsman is to initiate the report and contact
    the reporting party every quarter until final resolution and no administrative claim can be
    made that the investigation is completed and close the complaint which is required by the
    Texas Government code. Plaintiff learned through the district clerks new online eservice
    thai the court record showed 5 entries between 2003 and 2008 and plaintiff stated that no
    notice had been given per Tex. R. Civ. P. 21 not once but twice regarding the entries in
    the clerks database as to appear that orders were entered by a judge. Plaintiff has since
    learned in the filing of this petition that the entries are just that. Entries with no
    supporting documentation or actual orders issued by a district judge and the first was a
    change in place of payment and payee from 2003 which led plaintiff to believe the entire
    time that the money was redirected to someone other than the original oblige and here he
    was being told up until September that he needed to try and get it from the oblige.
    page 4 of 8
    The OAG's office of child support enforcmcm and Mary Morton and her representing
    lawyer Mr. Randolph V. Gon/.alcs SBN 08131200 filed their answer in Justice court
    stating that his only recourse is to sue the oblige as he has non other, because they didn't
    have his money.
    Between the intentional deceptive tricks and tactics to keep plaintiff from recovering his
    money that was illegally seized and entries in the clerks database that have no basis in
    fact other than they just appeared 2 years ago when they weren't' there the year before.
    And a payment record given lo plaintiff by the assistant attorney general Randolph
    Gonzalez which states that only $7,462.89 was ever owed and collected by the OAG
    child support enforcement division is just another of the non truthes entered by the office
    ofthe attorney general in this cause especially since there was an official audit by the
    Social Security Administration and subsequent stamped copy of payments from local
    officeclearly showing $1 L600.00 makes the entry of a fraudulent court document filed
    which constitutes acommission of a crime since the supposed judgment with lien was
    aginst real property in the state.
    It is at this point in time where plaintiff demands a judicial review of the district clerks
    office of Bexar County Texas and there conspiracy to hide the truth and to continuously
    harass the plaintiff and file against a known physically disabled and indigent citizen
    claiming he is not indigent toprotect those that knowingly forged the electronic
    database.
    Plaintiff further request sanctions against the District Court Attorney as well as sanctions
    against the office of the attorney generals which has and continues to file mis
    statements of fact and will even have an assistant attorney general commit perjury in
    open court to delay the hearing so a new motion can be filed and heard before a retired
    comptroler ofthe State who ignores facts, has no record before him and doesn't
    recognize case law such as the stripping doctrine.    Pending filed motions that needed to
    be addressed were summerily over ruled before the defendants ineligible claim to
    sovereign immunity which was pleaded claiming there was never a authorization nor
    agreement by the state lo waive thier immunity and thus granted the dismissal of
    plaintifs claims with perjudice and stating that this case has been fully adjudicated and
    can not be heard again even though the state legislature has deemed the only reason for
    suit against the individual in his capacity as an employee ofthe state.
    The only real motion for dismissal is the one not attempted for limitations.     But
    Plaintiff has been sent a demand for payment from an automobile accident he had last
    June 5 where the guard rail and cable was damaged when his automible struck the
    page 5 of 8
    center devider on loop 1604 and lh 35 interchange totaling his 2012 K.IA and leaving him no
    transportation. The Department of Motor Vehicles demanded payment for said obligation and
    sent him a demand for payment letter. Fortunatly the plaintiff had comprehensive and
    collission insurance which not only replaced his totaled vehicle but also paid the
    demand from the state which stated that there is no limitations to an obligation owed
    under Texas Civil Practice and Remedies Code chapter 16        16.061 'Rights not
    Barred1.
    Wherefore the Sovereign state assumes a position when an obligation is due: Plaintiff now
    assumes that same position as afforded the sovereign since the plaintiff is
    sovereign himself least a document can be produced by the State which clearly
    denies the plaintiff the right to soverignity.
    Under this premis of the same position as the state regarding an obligation to return
    said obligation owed for a claim of damage to the sovereign. Plaintiff seeks return of
    sovereign's obligation to the plaintiff since there is nothing in the laws of texas that
    clearly states that the sovereign can keep property which clearly belongs to another.
    The plaintiff would pray this court to make all orders sought for the futherance of
    justice. And to notify all those that would use the power of this court to take advantage of
    others through trickery and deception presented to this honerable court, that if coughl they
    will pay a heavy price.
    Pleader attests that the statements made in this affadavit are truthful and accurate to
    the best of his knowledge and attests to the same here on.
    Sworn this day 20th December 2014 in the county of Comal.
    Michael Thomas Pau
    Propia Persona
    9123 Easy Street
    San Antonio, Tex 78266
    (210)294-4533
    page 6 of 8
    NOTICE. THIS FORM CONTAINS SENSITIVE DATA.
    Cause Number:                        2001-CI-16843
    „    ...                                                                                                   In Ihe ••■■•-■ ■'
    Pelilioner/
    Plaintiff                         MICHAEL THOMAS PAUL                                                     J25TH               _ 0 District Court
    ■ ■ ~ •,..--::.          q County Court at Law
    n Justice of the Peace
    Doleodant                   GREG ABBOTT ATTORNEY GENERAL
    Respondent/ FOR THE STATE OF TEXAS                                                                        ....BJ1XAR.                                                 County. Twos
    Plaintiffs Amended Affidavit of Indigency for APPEAL
    (Request to Not Pay Court Fees)
    :>** :ims w: !o ask trie cuur1 'lot to                                      Y«u nw.si eimei ' • stye, this 'orm in                              You can be prosecuted if you lie on
    ■■'wge *cu ('■•• cou'i fees1 'iis 'crm is                                   front of j no'ary puul.r or 2; si:i:i 'His                          this form.
    aisu calieii se Shis fonri if. (1) you                                    signing in fron! of ;j inj'.ary. you suvar                           :t,nv Jr.-e, y0,, |O arrive' (|iiOS'.!0'^
    .iiv ;;.::;;« fe-i-'-s becai;sc yo.i art                                    «'i'J#« o.if.': :na: !i«: inlormaiion                                ^t3OL-1 your financos a; a hearmc. A:
    :ii«M         v ,.:-j yoi en-', t pay nourt foes                            jtrovirifin 'f. Ii.o .in;! i-ursn                   By               !Ms, deaniHj you will hove lo present
    ' -id !'ifiv-r-ai-..a you g;vii on llvs forf                                .'-.itji'iii!! .iii the itidqp of your inco^i'?
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    .^•:J';va'SL»;t;.-/i1.a!tr.t.r:{;imJitio'»                          .oiHy :■;. ^sy "ourt fees
    ri'O.'IOK! >S ;.';(C- ?ilx.(i         (if'SCl
    ® The person who signed this affidavit appeared, in porson, before me, the undersigned notary, and stated
    under oath:
    "My name is                     MICHAEL THOMAS PAUL                                                                            My phone number is (                   2 ro ) 294 -4533
    -My mailing address is                                  9123_EASY STREEJ_ SAN ANTONIO, TEXAS 78266
    "My email address is                                    MTP73H9@HOTMAIL.COM
    i am above me age of eighteen (18) years, and I am fully competent to make this affidavit. I am unable to pay court
    costs The nature and amount cf rny income, resources, debls. and expenses are described in this form.
    •:    ■ '..   .'■..•   "I. i.y-., .,t.!f.i ;■■:*;■ .;■:><-& j.V.-..••.-••»;.•.• Cf. i ■.■..'.-.       . ;.■ . .-i-;-;.-: ;••' .-,».' «.r.w
    Q I recsive these public benefits/government entitlements that are based on indigency:
    SSI               WIC             ■    Pood Slamps/SNAP                                    TANF                X Medicaid                        CHIP                  AABO
    Needs-based VA Pension                                 County Assistance. County Health Care, or General Assistance (GA)
    X US in Medicare ('Extra Help")                                         '    Community Care via DADS                                   X Low-Income Energy Assistance
    Emergency Assistance                         ;"• Child Care Assistance under Child Care and Development Block Grant
    Public Housing                        Olher: ,;*••.. ••.;.
    G 'My income sources are staled below ..:.■•■.                                           . .i« ■,■■ -:l•;..-, ■
    X Unemployed since: ■uw                                  20Q2                                         _                                -or-
    Wages: I work as a                                                                                                          for
    Child/spousal support .J My spouse's income or income from another member of my household •<>*;.•*::..;;!•., ■>              $795.00
    (b) The amount I receive each month in public benefits is.                                                                                    •■.•mi ,.iUi..- mei*-.        »    +     $
    (c) The amount of income from olher people in rny household is:'                                                                              j.-ja'-H»\j:«.' -..cr .■■ i« -.    + $
    (d) The anount I receive each month from other sources is:                                                                                    .-,,•.«.»••.■ »■>v.-,-..-..•-•     +     s   100 00
    (e) My TOTAL monthly income is                                                                                           Md 311 sources cf income acovo-                         = S K95.00
    ■!.-;"•■    .•■•:•<:.• c'-A- ,•( .M.'.t'r i»:f."'.V(.-•■       •:••-•;./•    :.   ...•    ■..... a-"i.:j :<:':•:■:>.'.:
    £ TeiasLawHe.o.org • Affidavit ol Indigency. February 2014
    About my dependants: 'The people who depend on me financially are listed below:
    ■Vvf'O                                                                                           Ay:-                                      .Mr
    1
    2               I.J"               _1_                           '____"'"
    3                                                                        _[            "
    4                                                     _
    5          " "             "        '                                                                " '""
    6                         '                                  "
    © '•My property includes:                                Value*                 ©'My monthly expenses are.                                     Amount
    Cash                                              L__-r_M.                      Rent/house payments/ma inlena nee                      s       45.00
    Bank accounts other financial assets ■; -;                                      Food and household supplies                            c      200.00
    RBFCU CHECKING ACCT                         S     98.00                   Utilities and telephone                                5      127.00
    .Ml^.SAYJNGA...                                 s       5.00                  Clothing and laundry                                   5      30..00
    Medical and dental expenses                            S
    Vehicles (cars, boats) ■.•.•xmuwaii.iya&i                                       Insurance (life, health, auto, etc)                    S       88.48
    1QJ 4.KIA.R!O_FJ,                               LJ                            School and child care                                  s
    5                             Vehicle payments                                       L_
    Gas. b.is fare, auto repair                            s
    Child / spousal support
    Real estate (house or land) (Donot«si me house younvo m.)                       Wages withheld by court order
    s                             Debt payments
    S                             Other expenses lOoscnbe)
    Other property (like jewelry, stocks, etc.) ■■oeicmo;
    2002 PROWLER 32' RV                              S_2J)00                        FINGERHJJT                                            S       25.00          _
    S                              FUEL FOR CAR AND HOME                                 s      200.00
    Total value of property — = S             16,105                             Total monthly Expenses —                 = $ 750.48
    "My debts include;         .
    jliQDjSTJ.TONE QAIULQSPITAL 5850.00,
    NIJ^
    ***due totjle size limit online documentation will be provided at hearing 12 22; 14 as required
    any aintrr iscts you ivacif the court to >".>i>iv ■.•lye'! a-. n;ii'Si/;i' motl'S!)- o kV'u.'.'M.'S. family vaii'Hjupruw o'-       .i!;m-, h-i:'!"—
    <;e ;o this fe-in .-ifirf'aos; & Supvoiitaq Facts           Check nore if you attach another page..
    "1 am unable to pay court costs. I vorify that the statomonts mado in this affidavit are true and correct."
    Your Signature.           •■
    S Sworn to and subscribed before me today.                                             ..by     \Y\iCX\C\C { ~rTvJ>"vvL> -9cT:;                                     .;»1^:I
    |/ eFiling lor Texas                     * \ +
    <3*   tMl JL   £1 ■■''.       ■ ■ t»coutts.gov
    ;P; Most visited ^_ Getting Started V 2001 Fo*d Ranger Wiri... © 2a-subj«t-rr>atter-juri...         j BenefitsChecktp 0 Bexar County County... [] CashNetUSA (2)   ; CashNetUSA ['"_ CIVIl PRACTICE AND _. 0 coa.tx Oefamation da...             »
    Details
    Precept Without Hearing S            $0.00
    Precept Without Hearing S            S0.00
    Abstract of Judgment                 so.oo
    Notice of Hearing Served i           so.oo
    Temporary Injunction S«rv            $0.00
    Abstract of Judgment                 so.oo
    Notice of Hearing Served I           $0.00
    Precept Without Hearing S            $0.00
    Temporary Injunction Scrv            $0.00
    Rejection Information
    Rejection Reason           Date / Time                Rejection Comment
    THE LEAD DOCUMENT IS A CCIS FORM, NOT A REQUEST. SELECT THE
    Incorrect/Incomplete       10/6/2014 8:58 AM         CORRECT RUNG CODE. ALSO THE CASE IS CLOSED, SO A NEW
    AFFIDAVIT OF INABILITY IS NEEDED. MARC G
    Documents
    Lead Document            Civ1ICase_lrrfomwtfonSheetSIGNED.pdf    [Original]
    Attachments
    Attachments              Requeet_At>stract_Judgment_WritOfExeeution for presidfng.pdf   [original]
    eService Details
    Status     Nome/Email                        Firm                                    Served       Date/Time Opened          Log
    office of attorney general
    Sent                                                                                 Yes          Not Opened                 View
    esd-filer-303@texasattorney
    DRO Legal Enforcement             Tarrant County Domestic
    Sent                                                                                 Yes          10/6/2014 10:15:04 A       View               :        '   j" sjjjJSiS 5^ ^ ;'"   "
    DRO-LegaK&tarrantcounty.o Relations Office
    Request
    SERVICE ATTNY GENERAL
    NOTICE: THIS DOCUMENT COM AINS SENSITIVE DATA
    N(.l'N«:nc      MICHAEL I I'M I.
    CP Nairn.-.     URASDYL il'OOUFRTO.X
    OAO Number: 0»>lW2IW
    (AlSK NUMBER S2I4025
    M1CIIM.I IHOMASi'AII                                           s-   INTIIEJI'STICECOl.RI
    ;\                                                            *    I'KLCINC 1 NUMUI-.K I WO
    OriKI O!: [HF AilOKNhYC.LMRALCIlll.l)                         .*
    SUPPORT DIVISION AND MARY MORION                              ."   C0MA1. COUNTY. II..VAN
    OKOF.R DENYING PLAINTIFF'S REVISED PETITION: SMALL CLAIMS COURT AND GRANTING THE
    OFFICE OFTHF. ATTORNEY GENERAL AND MARY MORTON'S MOTION TO DISMISS AND MOTION
    TO DISMISS ON PLF.A TO THF. .11 RISDIt T1ON
    On the 18"   da\ of September. 20N ir.e Conn held a hcatinu in -Ins cau->c
    The ATTOKNI-Y OKNLRAl and MARY MORTON. Defendants, appeared hv an Assi^ianl Altoric> Genera!.
    VUC HALL THOMAS PAl.'l . I'lnimill. uppcaivii Pro So
    The Cour: heard and coiiMdcrcd the ;ilc.ii)im!s. the ariiiimciUi of Counsel, and the e\iocncc pronerl>
    and finds ihiinlK-Plaimilfs Rev ised I'ciiiion Small Clir.ms Counts DFNIF.l). I he Conn further GRANTS ilxOlllC K
    OP Tilt ATTORNEY (iF.NKRAI :md MARY Ml»RTON's Motion to Dismiss and Molion lo Oiimiss on ?lc» In ihe
    IT ISTIIfcRI.IORH OROF.RED :hat MICHAEL 1 HOMAS PALI.'s Hclition at-d 1'lcHilir.gsarcnll hereb>
    » nil pfv-iudicc IT IS Ft IK 11IER ORDDRCU that all any nnd all relic: requeued but nol granted M hereby UliNIFD.
    inal Signed by:
    JIDGU PRESIDING
    APPROVED AS 10 FORM ONLY
    RANUOLPII V. CiON/ALE/           SUN
    \rtorney of Record
    Child Support Divisior.
    lOSS.St Marv'sSt.. Stc -4S
    San Anionio. fX n20f<
    Telephone No. (2l'   COMAI. C:OUNTY. TEXAS
    THE OFFICE OF THE ATTORNEY GENERAL CHILD SUPPORT DIVISION AND MARY MORTON'S
    TRIAL BRIEF IN SUPPORT OF THE OFFICE OF THE ATTORNEY GENERAL AND MARY MORTON'S
    MOTION TO DISMISS ON PLEA TO THE JURISDICTION
    TO THE HONORABLE JUDGE OF SAID COURT:
    The OFFICn OF THK ATI ORNEY GENERAL CHILD SUPPORT DIVISION and it's employee, MARY
    MORTON, (hereinafter Movanls) filed a plea to the jurisdiction objecting ro the court's excrciso of subject mutter
    jurisdiction over the cause of action as alleged by Plaintiffs, MICHAEL THOMAS PAUI.'s. (hereinafter Non-Movam)
    Revised Petition and requests the Court to dismiss Plaintiffs cau.se of action on the Plea to the Jurisdiction, and in
    support thereof, shows the Court the following:
    I.
    FACTS/PROCEDURAL HISTORY
    A.       On August 11, 2014, Non-Movant. \\ICHAP.I. THOMAS PALI., filed his lawsuit alleging over
    payments on court ordered child support payments to the custodial parent for over a three year period. Non-Movant
    seeks monetary relief from the Movanls. in the amount of $10,000 plus damages for 'REAL PHYSICAL HARM" and
    statutory interest and court costs.
    H.      Non-Movanl alleges thai Movjiiiw provided child support services to the custodial parent and continued u,
    withhold support after the support obligation legally u :minnted.
    C.      Non-Movant further alleges that MovanLs Hied a false claim in State District Court to "gamer Civil
    Judgment that appears/appeared on personal Credit Bureau".
    D.     Non-Movant does not plead facts indicating a constitutional provision or statute that clearly and
    unambiguously waives sovereign immunity in these various claims.
    E.     Non-Movanl does not plead facts indicating the Legislature's consent to pursue this suit against the stale
    or a public official.
    F.     In I heir individuul capacities, the Movants, and all persons acting on behalf of the State of Texas
    participating in ihi.s cause have sovereign und official or quasi-judicial immunity from .suits or liability for attorney's fees.
    EXHIBIT: ASSISTANT ATTORNY GENERAL GONZALEZ PURJURY CLAIM TO JUDGE
    MERY.NO SERVICE, DONT KNOW ANYTHING ABOUT THIS CASE TO DELAY THE COURT
    -NOVEMBER-17^044=—                                                                                             -
    monetarv judgments, damages or other monetary relief, except as provided by law, when aeting within the discretion,
    course, and scope of their official duties at all times relevant to Non-Movanl's claims.
    II.
    ARGUMENTS ON PI PA TO THE .nmiSDICTlON
    A.         Movants can demonstrate that ihis Court does not have suhjeel mailer jurisdiction over this cause of
    action and thai Non-Movant*s cause of action should be dismissed on the plea lo the jurisdiction on the contentions and
    affirmative defenses set forth herein based on the doctrine of sovereign immunity.
    B.         Movants pled both a plea to the jurisdiction on the doctrine of sovereign immunity and raised the
    affirmative defense of sovereign immunity to Non-Movanl's claims. The doctrine of sovereign immunity appliesto
    lawsuits seeking lo award monetary relief against governmental entities and their employees or public officials unless a
    constitutional provision or statute clearly and unambiguously waives sovereign immunity from suit. This is true
    regardless of whether Movant has asserted a valid claim or ultra vires conduct; a violation of due process rights; or ihe
    intentional tort of fraud. No matter how Non-Movant couches his pleading, what is sought is a money judgment for the
    alleged overpayment of child support in an amounl in excess of SI 0,000 plus damages tor 'REAL PHYSICAL HARM'"
    and statutory interest and court costs from Movants, undisputedly a governmental emily and its employee.      Non-Movant.
    however, has failed to identify any constitutional provision or statute that clearly and unambiguously waives sovereign
    immunity from suit. ITie Non-Movant is precluded from seeking monetary relief from the Movant or any of its
    employees on any of his alleged claims.
    C.      Non-Movant's exclusive remedy for support paid in excess of the support order is found in Texas Family
    Code Provision § 154.012. This provision provides thai if an Obligor is not in arrears and the Obligor's child support
    obligation has ended, the Obligee shall return excess proceeds to the obligor. An Obligor can file suit to recover a child
    support payment in excess of Ihe support obligation against the Obligee.    Movants had closed its case in April 2009,
    shortly after being informed lhal Non-Movanfs parental rights had been terminated in 2005. Neither the Non-Movant or
    the Obligee had previously informed the Movants of said termination order prior lo 2008. There is no legal basis for
    payment by Non-Movant of the excess proceeds. Non-Movanl's sole remedy is a suit against the Obligee pursuant to
    Section 154.012.
    III.
    AUTHORITIES ON PLEA TO THE JURISDICTION
    SOVEREIGN IMMUNITY GENERALL Y
    A.      Governmental immunity from suit defeats a trial court's subject matter jurisdiction and is properly
    asserted by a plea to the jurisdiction. Texas Dcpl. of Transportation v. Jones, 
    8 S.W.3d 636
    . 637 (Tex. 1999). Whether a
    court has subject matter jurisdiction is a question of law. Texas Natural Resources Conservation Comm'u v. IT-Davy, 
    74 S.W.3d 849
    . 855 (Tex. 2002). Sovereign immunity deprives a trial court of subject matter jurisdiction in suits against
    EXHIBIT: ASSISTANT ATTORNY GENERAL GONZALEZ PURJURY CLAIM TO JUDGE
    MERY.NO SERVICE, DONT KNOW ANYTHING ABOUT THIS CASE TO DELAY THE COURT
    NOVEMBER 17.2014.
    the State and its agencies and officials, unless the State has clearly and unambiguously consented to be sued..See Tex.
    Dep't ofParks and Wildlife v. Miranda. 133 S.W.ld 217,224 (Tex. 2004). Moreover, because sovereign immunity from
    suit deprives a trial court of subject-matter jurisdiction, it cannot he waived and may be raised at any time.,SVBd.. 852 S.W.2d at 445 
    (Tex. 1993).
    B.      Sovereign immunity encompasses two principles: immunity from suit and immunity from liability.
    Travis Cowuy vs. Petztsl and Aiawiaies, 
    77 S.W.3d 216
    (Tex. 2001). Rven if the legislature consents to a suit, the
    government is srill protected from liability. 
    Putzel, supra
    .
    C.       Sovereign immunity also bars suits that seek to control state action. See Fouler v. Teacher Ret. Sys.. 
    273 S.W.3d 883
    .886 (Tex. App.-Austin 2008, no pet.). Absent an express waiver of its sovereign immunity, the State is
    immune from suit. See Stale v. Holland, 
    221 S.W.3d 639
    , 643 (Tex. 2007).
    D.      It is the plaintiff's burden to establish the State's consent to suit. 
    IT-Davy, 74 S.W.3d at 855
    . First, only
    the Legislature may waive sovereign immunity..See IT-Oavy. M 857 (reaffirming thai it is the Legislature's sole province
    to waive or abrogate sovereign immunity). Second, any waiver of sovereign immunity must be in clear and unambiguous
    language. See Tonka v. City ofMexiu. 197 S.\V.3d 325. 332-33 (lex. 2006).
    E.      Non-Movant does not plead a waiver of sovereign immunity for any of his claims (overpaid child support
    payments: "Real Physical Harm" and court costs), nor does he request prospective injunctive relief or declaratory relief.
    See City of El Paw v. Heinrich. 284 S.\V.3d 366, 369 (Ten. 2009).        This Court should dismiss Non-Movant's cause of
    action because his suit for damages is not recognized by any textual exception to Movanfs sovereign immunity. See Fed.
    Sign v. Tex. .*>'. t/niv., 951 5>.W.2ci 401. 405 (Tex. 1997) (.state agencies are immune from liability in Texas unless the
    Legislature waives that immunity): \ee ahu TF.X. GOV'T CODE § 311.034 (codifying common-law standard for
    immunity waiver: "[A] statute shall not he construed as a waiver of sovereign immunity unless the waiver is affected by
    clear and unambiguous language.").
    CLAIM AGAINSTMARY MORTOX
    A.       Absent waiver by the legislature, sovereign immunity generally deprives courts of subject-matter
    jurisdiction over suits against the State., its agencies, or officer* or employees acting within I heir official capacity. See
    Citv of F.I Paw v. Heinrich, 
    284 S.W.3d 366
    , 369-76 (Tex. 2009). In its attempt to invoke this court's subject-matter
    jurisdiction. Ntm-Movant, sues MARY MOR ION, an employee of the OFFICE OK THK ATTORNEY GENERAL
    CHILD SI.IM'ORTDI VISION. See 
    id. at 372-73,
    377. Sovereign immunity does not bar suits for prospective injunctive
    or decluraton relief to restrain the official from violating statutory or constitutional provisions because, in concept, acts
    of stale official* ihat are not lawfully .iiithoi \/tn\ nru nui considered to be acts of" the State, and ihe remedy of compelling
    EXHIBIT: ASSISTANT ATTORNY GENERAL GONZALEZ PURJURY CLAIM TO JUDGE
    MERY,NO SERVICE, DONT KNOW ANYTHING ABOUT THISjCASE TQ DELAYTHE COURT
    NOVEMBER 17,2014.
    such officials to comply with (he law, while binding on the Slate, does not attempt to exert control over the State, 
    Id. at 372-73
    (emphasis added).
    B.      To assert such a valid ultra vires claim, the claimant "must not complain of a government officer's
    exercise of discretion, but rather must allege, and ultimately prove, that the officer acted without legal authority or failed
    lo perform a purely ministerial act." 
    Id. at 372.
    Otherwise, the suit, even if seeking only prospective declaratory or
    injunctive relief, implicates sovereign immunily because it seeks to control state action.."ke 
    id. However, even
    if the suit
    complains of ultra vires actions, the remedy .sought cannot have the effect of awarding retrospective monetary relief
    against the State or oilier relief that would independently implicate sovereign immunity. S^ 
    id. at 369-76;
    Creedmoor-
    Maha Water Supply Corp. v. Texas Coimn'ii on Envtl Quality, 
    307 S.W.3d 505
    , 515 (lex. App.-Austin 2010. no pet.).
    C.      Thus, sovereign or governmental immunity deprives trial courts of subject-matter jurisdiction over suits
    for monetary damages or other retrospective monetary relief against government entities and their officers and
    employees, acting in their official capacity, unless the State expressly consents. See Heinrich. 284 S.\V.3d at 368, 380
    (Tex. 2009); Texus Dep't of Trump, v. Jones. 8 S.\V.3d 636, 638 (lex. 1099) (per curiam). This is true regardless whether
    the claimant has otherwise asserted a valid claim of ultra vires conduct. See Heinrich, 284 S. VV.3d at 369-76; Cn-i'dtnoor-
    Maha Water Supply Corp. v Texas Comm'n on Envtl. Quality. 307 S.WJd 505, 515 (Tex. App.«Austin 2010, no pet.).
    Kastnvr vs. Texas Board of Law Examiners, 2010 Tux. App. Lexis 6076 (Tex. App.—Austin 2010, no pet.).
    FRAUDULENT CIVIL JUDGMENT CLAIM
    A.      The Texas Tort Claims Act provides for a limited waiver of sovereign immunity for non-intentional torts.
    Miranda. 133 S H 3dat 224: TEX. CIV. PR,IC. & REM. CODE# 10J.0OI - 109.                 However, under TEX. CIV. PRAC. ti
    REM CODE § 10l.057(2j. claims arising from intentional torts arc excluded from the waiver of immunity. TEA". CIV.
    PRAC. & REM. CODE § 101.057(2).         In Non-Movanl's Revised Petition Non-Muvanl pled a cause of action for "filing a
    false claim" and filing a "fraudulent civil judgment".   Fraud is an intentional tort See Texas River Rargex v. City ofSan
    Amonio.Ti S.W.3d 347. 356 (lex. App. - San Antonio 2000, pet. denied). Additionally, Non-Movant"s intentional tort
    claim of fraud or "raise claims'are barred by sovereign immunity because the Texas Tut I Claim Act docs not provide a
    waiver of sovereign immunity to these types of claims.     Under the Texas Tort Claims Act. there are only three areas in
    which the State and its agencies waive immunity for torts..we TF.X. CIV. PRAC. & REM. CODE § 101.021. (1) the
    operation or use of a motor vehicle, (2) a premises tlelect, or (3) the use or misuse of property owned or controlled by the
    State.   Sec Old South Amusements. Inc. 2010 Tex. App. Lexis 5450.
    EXHIBIT: ASSISTANT ATTORNY GENERAL GONZALEZ PURJURY CLAIM TO JUDGE
    MERY.NO SERVICE, DONT KNOW ANYTHING ABOUT THIS CASE TO DELAY THE COURT
    NOVEMBER 17, 2014.
    PRAYER
    WHEREFORE, PREMISES CONSIDERED, Movonts pray that the Court grant Movants' Motion to Distniss
    on Pica 10 the Jurisdiction, and that this Honorable Court will dismiss Non-Movant's cause <>r action with prejudice as to
    the Movants and any funher relief, special or general, at law or in equity, as may be shown that Movants are justly
    entitled lo receive.
    Respectfully submitted,
    Greg Abboit
    Allomey General of Texas
    Daniel T. Hodge
    First Assistant Attorney General
    Randolph V. Gonzalez - SUN: 08131200
    Melissa Ramos Munoz - SBN: 00786186
    Attorney of Record
    Child Support Division
    CHILD SUPPORT UN!T 02Q1E
    fO6S. ST. MARY'SST.. STE. 445
    SANAKTOMO TX 78205-3614
    Telephone No. 210-804-6416
    Fax No. 210-930-3625
    EXHIBIT: ASSISTANT ATTORNY GENERAL GONZALEZ PURJURY CLAIM TO JUDGE
    MERY.NO SERVICE, DONT KNOW ANYTHING ABOUT THIS CASE TO DELAY THE COURT
    NOVEMBER 17,2014.
    CERTIFICATE OF SERVICE
    I certify that a true and correct copy of the foregoing has been served on the below listed parties or
    representatives pursuant m Rule 21 a, Texas Rules of Civil Procedure, on the. 5* day of September. 2014.
    RANDOLPH GONZALEZ
    Attorney ofRecord
    Early:                                                           Attorney for Party:
    MlCHAliL TPAUI.
    BRANDY L WOOLVERTON
    EXHIBIT: ASSISTANT ATTORNY GENERAL GONZALEZ PURJURY CLAIM TO JUDGE
    MERY.NO SERVICE, DONT KNOW ANYTHING ABOUT THIS CASE TO DELAY THE COURT
    NOVEMBER 17, 2014.
    LIABILITY 1
    A:. ':„-■.; ■..-:.,-     Sta:e:n»n: Da-.i-                                                  City of San Antonio
    Emergency Medical Service
    621 N. Alamo
    1410010194                     12/05/14       1,188.80                              San Antonio, TX 78215
    A-i. Paymyms and Charges after th« .td                                    ' We Accept Most Major Credit Cards
    c'ate Aiil appear on rext statement
    For Assistance:
    Telephone (210) 227-7252
    To Pay Online Visit www bpservice.com; Control #14279013123
    Patient
    .....
    _—
    10/01/14          MICHAEL T                  EMS SERVICE                                                                      1.188J30
    PAUL
    *** FINAL NOTICE ***
    j
    Unless pa yment is received on this past-due accoun within
    !                                                         FIFTEEN (15) DAYS
    It will be transferr ed to our collection agency. Delinquent ace ounts may be
    lisU >d with the credit bureaus serving this area
    i
    t
    1410010194                                                  1.188.80                                                             1,188.80 !
    Current
    b.uir;e Due
    To Pay Online Visit www bpservice.com; Control # 14279013123
    City of San Antonio
    Emergency Medical Service
    621 N. Alamo
    San Antonio, TX 78215
    □ SPn S^iaHB n
    EDP# 142790131
    MICHAEL T PAUL
    City of San Antonio
    9123 EASY ST
    P.O Box 158
    SAN ANTONIO TX 78266-2647                                                 San Antonio. TX 78291-0158
    AMujNT PAID
    LIABILITY 2
    NPAS, Inc.
    PO, BOX 99400                                                                             Services               METHODIST STONE OAK HOSPITAL
    LOUISVILLE. KY 40269
    Provided by:
    031322-430510686-A1                                                                   Patient Name:                                                 Michael T Paul I
    Account Number:                                                         502157591
    Service Date(s):                                 10/01/2014 -10/02/2014
    Statement Date:                                                         12/01/2014
    Placement Date:                                                         11/01/2014
    Contact Us
    MICHAEL T PAUL                                                           NPAS, Inc
    9123 EASY ST                                                             Toll Free 1-800-223-9899 Espanol 1-80C-681-9692
    MON-FRI 8AM-9PM SAT 9AM-1PM ET
    SAN ANTONIO, TX 78266-2647
    Please bo prepared to provide the patient/responsible party lull name, date
    of birth and mailing address. All calls may be recorded.
    PAYMENT REQUEST
    Total Charges                            Total Pymt I Adi        Current Balanco                     Payment Duo By                   Amount You Owo
    t 43,773.79                               S 42.SS3.34              $ 820.45                           12/16/14                           $820.45                .
    Our records reflect that you were previously contacted regarding the unpaid balance of the account. We urge you to send
    payment in full today. In the event you are unable to pay the balance in full, please contact us to discuss options for
    resolving your account.
    METHODIST STONE OAK HOSPITAL; A METHODIST HOSPITAL FACILITY
    Insurance Information                                                            Payment Options
    If the insurance information on file is incorrect, please contact us at the      ®PAY ONLINE at your provider's weosite.
    toll-free number above.                                                                    www.saheallrt.com/billinginqasp
    Primary:              TRAILBLAZER                                                OPAY BY PHONE at no additional cost through our automated system
    during or after normal business hours.
    ©MAIL PAYMENT lo the provider win the attached coupon at tno
    payment address specified Please do net send cash
    PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION
    Thr.         imi '.Viltl Your P/iyimnl
    I' your Main*.* cftanqec ciuick >.hii box urtd                                                                                        Statement Date              12/01/2014
    complete torn at DJCli
    Account Number                                     502157591
    MICHAEL T PAUL                                                        Payment Due Date                                  12/16/14
    9123 EASY ST                                                          Balance Due                                       S 820.45
    SAN ANTONIO. TX 78266-2647
    Payment Amount Enclosed
    Ploaso do not send cash, if paying by chock or monoy order, please
    indicate account number and mako payable to tho provider.
    PLEASE DETACH THIS COUPON AND RETURN WITH                                                                            am Au'JKwi/dJon (ptoase 2hccK one)
    g
    PAYMENT TO ADDRESS BELOW:
    D
    C.tuon Cart Numtwr
    METHODIST STONE OAK HOSPITAL
    P.O. BOX 740794                                                                  1               1 1        1                          1 1     1     I                    1 1 1
    CINCINNATI, OH 45274
    s
    I'Xhil'H                                                           CcfCirernbur'A Signature                                                    Amount
    PAUL      MICHAEL
    LIABILITY 3
    STATE FARM INSURANCE COMPANIES
    RECEIPT OF PAYMENT
    PAYMENT DATE/TIME: 12-03-2014 11:54AM
    POLICYHOLDER(S)
    MICHAEL PAUL
    9123 EASY ST
    SAN ANTONIO, TX 78266-2647
    POLICY DESCRIPTION/POLICY NUMBER           CHECK/ REF #                         AMOUNT
    SFPP - PAC SUSP-SEE                        000003T3257N2                           $88.48
    1115-5352-25
    TOTAL AMOUNT PAID:                        $88.48
    AUTHORIZED SIGNATURE:
    NICOLE GONZALES
    AGENT
    Rick Cantara Agent
    14791 IH 35 N, STE 105
    Selma, TX78154
    (210)656-3276
    THANK YOU FOR YOUR PAYMENT ON THE ABOVE POLICY(IES). PAYMENTS ARE RECEIVED
    SUBJECT TO COLLECTION AND POLICY PROVISIONS WE APPRECIATE YOUR BUSINESS.
    1004258                                                           2002 142682 201 0502-2012
    LIABILITY 4
    D   N
    PO BOX 200143
    San Antonio, TX 78220
    (210) 333-4287
    Fax: (210) 333-6287
    11/14/2014
    i'i
    5774 T15           AUTO"3-DIGIT 782
    Michael Paul
    9123 Easy St
    Garden Ridge TX 78266-2647
    RE: MICHAEL PAUL, 059174, $74.58
    Dear Valued Customer
    Our records indicate that your account is currently past due. Please remit your payment by the 15th of this month to
    avoid any interruption in service. If payment in full cannot be made at this time, please contact our office at (210)
    333-4287 to make payment arrangements. Failure to do so will result in suspension of your services.
    DATE                            INVOICE #                                $ AMOUNT
    10/1/2014                       0000685260                                      74.58
    Total Balance                                 $74.58
    if you have already remitted your pay, please disregard this notice.
    We appreciate your business and thank you for your cooperation with this matter.
    Sincerely,
    The Staff at
    Tiger Sanitation Inc.
    BENEFIT 1
    1 Blue Cross MedicareRx (pdp)"
    23999
    P.O. Box 3897
    Scranton, PA 18505
    Effective Date: January 01,2015
    Evidence of Coverage Rider                                   i
    !                               for People Who Get Extra Help Paying for Prescription Drugs
    ■                                  (also called a Low Income Subsidy Rider or LIS Rider)
    011552/PDPTX
    Please keep this notice - it is part of Blue Cross MedicareRx Basic (PPP)SM's Evidence of Coveraiie.
    j                                                                                                              .
    Our records show that you qualify for extra help paying for your prescription drug coverage. This means that
    .you will get help paying your monthly premium and prescription drug co-payments.
    As a member of our Plan, you will receive the same coverage as someone who is not getting extra help. Your
    membership in our Plan will not be affected by the extra help. This also means that you must follow all the rules
    and procedures in the Evidence of Coverage.
    Please see the chart below for a description of your prescription drug coverage:
    Your co-payment amount for       Your co-payment amount for
    Your monthly plan         Your yearly
    generic/preferred multi-source    all other drugs is no more
    premium is          deductible is
    drugs is no more than                    than
    :       S0.00*                S0.00            S2.65 (each prescription)       S6.60 (each prescription)
    * The monthly plan premium does not include any Medicare Part B premium that you may still need to pay.
    The plan premium you pay has been calculated based on the Plan's premium and the amount of extra help you
    get.                                                                                                                    ;
    Please refer to your Evidence of Coverage for more information on paying your plan premium.
    You must continue to pay your Medicare Part B premium.
    The benefit information provided is a brief summary, not a complete description of benefits. For more
    information contact the plan. Limitations, copayments, and restrictions may apply. Benefits, formulary,
    pharmacy network, provider network, premium and/or copayment/co-insurance may change on January 1 of
    each year.
    Blue Cross MedicareRx is a prescription drug plan provided by HCSC Insurance Services Company (HISC),
    an Independent Licensee of the Blue Cross and Blue Shield Association. A Medicare-approved Part D
    sponsor. Enrollment in IllSC's plan depends on contract renewal.
    ;Y0096_liNR_TMP_LIS Rider PDP 15 Accepted 100120!4                                                             !
    BENEFIT 2
    Regarding Mr. Michael Paul with telephone number 210-294-4533, this is to confirm his application and
    certification form have been approved by the Texas Low Income Discount Administrator. Mr. Paul is
    eligible for both the Lifeline (telephone) and electric discounts. Note the electric discount runs from
    May through August of each year.
    His certification is valid to May of 2015. Upon recertification, 7 more months' benefit will be extended
    per program rules.
    Note his telephone carrier (Cricket) has not send the LIDA is customer record. Therefore, he is not
    receiving the Lifeline discount. And his energy company (CPS Energy) does not participate in the
    program. In order to receive the energy discount, he would need to sign up with a participating energy
    company.
    Dan Marion, PMP
    Account Manager-Texas LIDA
    Solix, Inc. | 30 Lanidex Plaza West | Parsippany, NJ 07054
    T: 973.581.5052 | M: 973.769.7587
    www.sollxlnc.com I Solix on Facebook | Solix on Twitter
    Transparent Solutions. Visible Results
    Statement Period
    (RBFCUt                                                                                                      11/01/2014 through 11/30/2014
    rbfcu.org
    ,>ersal City. TX 78148-2097
    ADDRESS SERVICE REQUESTED                                                                  Direct Inquiries to Member Services:
    P.O. Box 2097, Universal City, TX 78148-2097
    1-800-580-33001 rbfcu.org
    MICHAEL T PAUL                                                                                     Routing #; 314089681
    9123 EASY ST
    SAN ANTONIO TX 78266-2647
    Thank you for your membership!
    We're dedicated to helping members like you
    save time, save money and earn money.
    CHECKING SUMMARY | 9656057
    Checking Rate • 0.05 | 'APYE - 0.00
    Previous Statement Balance                         Total Credits                               Total Debits                      Current Statement Balance
    S3.99                               $1,385.00                                     -$1,383.89                                  S5.10
    Checking Account Deposits
    Date                          Description                             Amount        Date                              Description                        Amount
    11 /02     Deposit Internet Transfer from 379907 CK                    $100.00      11/24       Deposit Internet Transfer from 184402803 SAV                $1.00
    11/03      ACH Deposit SSA TREAS 310 - XXSOC SEC                       S79S.00      11/24       Deposit Internet Transfer from 184402803 SAV                $1.00
    11/12       Deposit CashNetUSA9!411131PAYDAYADV                         S450.00      11/29       Deposit Internet Transfer from 184402803 SAV                $3.00
    Freedom Check Card & Other Transactions
    Date                           Description                             Amount        Date                              Description                        Amount
    11/02 Withdrawal Internet Transfer to 184402803 SAV                     -510.00            P
    Ill/ll Point Of Sale Withdrawal RING RING WIREL 5580 FM                 $45.00
    11/03 Point Of Sale Withdrawal NORTHERN TOOL E 2505                    -$260 00              1         STF 114 SCHFKT7
    NW Loop 410 SAN ANTONIO                                                                point ui bale wntiarawal CORNER STORE 2017599 IH               -$1.07
    11/03 ACH Withdrawal PB 855-306-9430 855-306-9430 -                      $29 95
    WEBPAYMENT                                                                (i/iz    e
    tn.   11-iu/U.n Withdrawal PAYPAL CREDIT -CONS                -$35.00
    11/04 ATM Withdrav/al RBFCU 12307 NACOGDOCHESSAN                         $40.00                  BS
    ANTONIOTXUS                                                                                 i -1 v t\\.n wiinurawai rHYrML CntUI I   - LONb       535700
    11/06 Point Of Sale Withdrawal WMSUPERCENTER6102FM                     -$151.24              DRS (Rejected)
    3009 SCHERTZTX USA                                                        11/12 ATM Withdrawal RBFCU 12415 OLD CONVERSE                         -$160.00
    11/06 PointOf Sale Withdrawal TWOTIME WARNER 1565                      -$145.88                                    rrryTvii<:
    fhpnaiilt mer1 hjocmcton
    ■A' ■• ■■■*                            :4:     I
    BENEFIT
    Michael T. Paul    Sign Out                                                                                   Need Larger Text?    Accessibility Help
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    Benefit Details                                                                                                 Your monthly payments will be
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    Monthly Benefit Amount               $835 00 (before any deductions)                          Active
    ( Update Direct Deposit~]
    Payment Schedule                     3rd of the month
    Next Pay~eni Date                    January 3.2015
    The following information should not be used as proof of coverage It Is provlaed by the       Enrolled
    Center for Medicare & Medlcaid Services (CMS) and may not reflect recont updates.
    Part A (Hospital Insurance)
    Coverage Started:                  January 2005
    Monthly Premium'                    SO 00 (as of January 2005)
    Part B (Medical Insurance)
    Coverage Started.                   November 2011
    Monthly Premium.                    $0.00 (as of November 2011)
    Part C (Medicare Advantage)
    Please contact Medicare for the status of your enrollment.
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    Please contact Medicare for the status of your enrollment
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    Case#2001CI16843
    Case Information
    Location                      Bexar County - District Clerk
    Date Filed                    12/20/2014 03:59:59 PM
    Case Number                   2001CI16843
    Case Description
    Assigned to Judge
    Attorney
    Firm Name                     Individual
    Filed By                      michael paul
    Filer Type                    Not Applicable
    Fees
    Convenience Fee               $0.06
    Total Court Case Fees         $0.00
    Total Court Filing Fees       $0.00
    Total Court Service Fees      $2.00
    Total Filing & Service Fees   $0.00
    Total Service Tax Fees        $0.00
    Total Provider Service Fees   $0.00
    Total Provider Tax Fees        $0.00
    Grand Total                   $2.06
    Payment
    Account Name                  bexar county cash account for appeal
    Transaction Amount             $2.06
    Transaction Response
    Transaction ID                 5866037
    Order #                        003553213-0
    Affidavit of Inability To Pay Indigency
    Filing Type                    EFilcAndServc
    Filing Code                    Affidavit of Inability To Pay Indigency
    AMMENDED AFFIDAVIT OF INABILITY TO PAY COURT COSTS FOR
    Filing Description
    APPEAL
    Reference Number               2001-CI-16843/14-14-0791
    APPEAL AFFIDAVIT AMMENDED WITH CONTRIBUTING
    Comments
    DOCUMENTS
    Courtesy Copies                James.Abanaka@bexar.org
    Status                         Submitting
    Fees
    of 3                                                                                                                  12/20/2014 4.02 PM
    Envek-v Details'                                lutps://cfile.txcourts.gov/EnvclopeDetails.aspx? cnvelopcguid= 14ce74cl'-..
    Service                       Date/Time
    Name/Email                                Firm                         Status Served
    Type                         Opened
    SCOT GRAYDON                                                                             Not
    EServe              No
    SCOT.GRAYDON@TEXASATTORNEYGENERAL.GOV                                  Sent              Opened
    TEXAS
    GREG ABBOTT                                                            Not               Not
    ATTORNEY EServe                       No
    greg.abbott@texasattorneygeneral.gov                                   Sent              Opened
    GENERAL
    of 3                                                                                                 12/20/2014 4:02 PM
    CERTIFICATE       OF SERVICE
    I hereby certify that on the 20th day of December, 2014, a copy of the foregoing
    was served on the following pursuant to the Texas Rules of Civil Procedure:
    *** COPIES WILL BE GIVEN IN COURT MONDAY MORNING AT 9:00 AM
    SINCE THESE EMAIL DELIVERY NOTICES WILL STILL BE IN TRANSIT.
    Scott M. Graydon
    Assistant Attorney General
    P.O.Box 12584
    Austin, Texas 78711,2548
    Donna Kay McKinney
    Bexar County District Clerk
    101 WNueva, Suite 217
    San Antonio, TX 78205-3411
    (210)335-2113
    Isl Michael Thomas Paul
    Michael Thomas Paul
    9123 Easy Street
    San Antonio, Texas 78266
    210-294-4533
    75.00004500372.vl   995
    vhier1ne stone
    COURT OF APPEALS
    FOURTH COURT Of" APPEALS DISTRICT                           KEITH E. MOTTLE
    chief justice                                    CADENA-REEVES JUSTICE CENTER                               CLERK OF COURT
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    300 DOLOROSA, SUITE 3200
    ■ andee bkvan marion                               SAN ANTONIO, TEXAS 78205-3037
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    WWWTXCOURTS.GOVMTIICOA.ASPX                                   TELEPHONE
    tl-BHCAC. MARTINEZ
    'ATKICIAO ALVAREZ
    (210)335-2635
    .1.7 l-.l i;NA D. CIIAPA
    FACSIMILE NO.
    JLS IIC.1;.S
    (210)335-2762
    December 15, 2014
    Scot Macdonald Graydon                                  Michael Thomas Paul
    Office of the Attorney General                          9123 Easy Street
    PGBox 12548                                             San Antonio, TX 78266
    Austin, TX 78711-2548
    * DELIVERED VIA E-MAIL :
    RE:        Court of Appeals Number:       04-14-00791-CV
    Trial Court Case Number:       2001-CI-16843
    Style:     Michael Thomas Paul
    v.
    Greg Abbot Attoreny General for the State of Texas
    The copy of appellant notice of appeal in the above styled and numbered cause has this
    date been filed or conditionally filed.
    The fee for filing appeals in this court from the district or county is $195.00. The fee
    must be paid at the time the notice of appeal is filed. In addition, this court charges an additional
    fee of $10.00 for the filing of any motion. Any delay in remitting a filing fee will delay the
    processing of your appeal and the court's ruling on pending motions. See Tex. R. Apr P. 5.
    Our records do not reflect payment of the $195.00 fee. Please remit the filing fee no later
    than December 29, 2014. If the fee is not paid within the time allotted, the matter will be
    referred to the court, and the appeal is subject to being stricken by the court. See Tex. R. App. P.
    5. In accordance with Tkx. R. App. P. 32 and 4th Tex. App. (San Antonio) Loc. R. 5.2., a
    docketing statement must be filed with the notice of appeal. Our records do not contain a
    docketing statement for this appeal. Please ensure that a docketing statement is immediately
    filed to ensure prompt processing of the appeal. The Appellant's docketing statement is due
    from Michael Thomas Paul. The docketing statement is to be filed with this court by December
    29,2014.                                                                          3
    The appellate record generally must be filed in this court within 60 days after the date of
    judgment is signed. See Tex. R. App. P. 35.1.
    Very truly yours,
    KEITH E. HOTTLE, CLERK
    Deputy Clerk. Ext. 3219
    cc:      Donna Kay McKinney (DELIVERED VIA E-MAIL)
    Dinah L. Gaines (DELIVERED VIA E-MAIL)
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