N.O.04-14-00791-CV

In the Court of Appeals For the Fourth Court of Appeals District San Antonio, Texas I-O

Michael Thomas Paul, . rx- P X-'^ Appellant, i v.

Gregg Abbott, : -^ 3 Appellee :" "rr~~— ro TO

ON APPEAL FROM THE 225TII JUDICIAL DISTRICT COURT, BEXAR COUNTY TEXAS TRIAL COURT NO 2001- CI-16843 HONERABLE MICHAEL MERY. JUDGE PRESIDING

APPELLANT'S FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF AND MOTION WAVING ALL COSTS OF APPEAL

Michael Thomas Paul 9123 Easy Street San Antonio, Texas 78266(210)294-4533 propia persona

APPELLANTS FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF AND MOTION WAVING ALL COSTS OP APPEAL NO ij4-U-0O~')1 Identities of Parties and Counsel

Appellant/ Defendant Michael Thomas Paul, pro se 9123 Easy Street San Antonio, Texas 78266 (210)294-4533

Appellee / Plain tiff Greg Abbott, Attorney General State of Texa Through Asst Attorney General Scott MacDonald Graydon P.O.Box 12548 San Antonio, Texas 78711-2548

APPELLANTS FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF AND MOTION WAVING AI.I. COSTS OF APPEAL NO. 04-14-00791 8. On November 18. 2014. the District Clerk filed a CONTEST TO

APPELLANT'S AFFIDAVIT OF INABILITY TO PAY COSTS ON

APPEAL, OR ,1N THE ALTERNATIVE, REQUEST FOR FINDING

THAT APPEAL IS FRIVOLOUS,

Appellant received no notice of the motion filed by the District Courts

attorney as required lex. K. Civ. P. 21.

December 03, 2014 presiding judge Janet Littlejohn eneters an order

that appellant must pay all costs in his appeal and pay for the

Clerk's record to be prepaired and sent to the appellate court.

9. Upon return of denied efiling of appellant's perfected NOTICE

OF APPEAL by clerk's office. Appelant filed motion to have

the default order for costs set aside, and set the matter for

December 22, 2014. Presided by judge John Gabriel who said he

would make his ruling later. December 29 , 2014 appellant

had still not received a ruling from the court, telephoned

appellate court clerk to inquire how to proceed due to an order from

the court of appeals requiring filing of perfected NOTICE being due.

Appellant was instructed to provide a copy of the motion filed

for a stay on the order to pay all costs. The very next day

APPELLANTS FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF AND MOTION WAVING ALL COSTS OF APPEAL a ruling is made from the chambers of judge John Gabriel more

than a week after the hearing. He sustaines the prior order of

December 03, 2014 stating that the appellant's appeal is frivilous

and poses no question of law therefor he should pay all costs of

appeal.

10. It had become apparent to Appellant the States attorney was intent on not

allowing appellant to finish his appeal one way or another. ESPECIALV

after he inquired to Ihe district clerks office how files could just become

missing with no digital Copy or physical originals more than 10 years later

since He could not find the copies of the judge's Writs of with holdings

from his disability nor could he find the Served notices or any other notice

as required under rule 21 and last he could not find the Judges order for : fraudulently filed judgment which he has a copy stamped as received by

the District clerk yet none appears either by the clerk or an order signed by

a judge. In fact more than 4 separate entries into the COURT computer

ORDERING GARNISHMENTS AND JUDGMENT, but no documents

APPELLANTS FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF AND MOTION WAVING ALL COSTS OF APPEAL NO. 04-I4-0IP9I a ruling is made from the chambers of judge John Gabriel more than a week after the hearing. He sustaines the prior order of December 03, 2014 stating that the appellant's appeal is frivilous and poses no question of law therefor he should pay all costs of appeal.

10. It had become apparent to Appellant the States attorney was intent on not allowing appellant to finish his appeal one way or another. ESPECIALY after he inquired to the district clerks office how files could just become missing with no digital Copy or physical originals more than 10 years later since He could not find the copies of the judge's Writs of with holdings from his disability nor could he find the Served notices or any other notice as required under rule 21 and last he could not find the Judges order for : fraudulently filed judgment which he has a copy stamped as received by the District clerk yer none appears either by the clerk or an order signed by a judge. In fact more than 4 separate entries into the COURT computer ORDERING GARNISHMENTS AND JUDGMENT, but no documents or photo copies, Yet it was reported to all the major credit bureaus.

Appellant even has the copies from the credit Bureaus showing as much.

APPELLANTS FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF AND MOTION WAVING ALL COSTS OF APPEAL NO. 04.14-007'J| • Appellant firmly believes the Office of the state attorney and the Office of the District clerk are corrupt and he will not get a fair hearing in Bexar County or be allowed to have his appeal presented foi adjudication if they can find a way to stop it.

12. September, 1,2011. The Texas Supreme Court adopts Texas Rules of Appellate Procedure 20.1 , (a), (3) as follows: (3) By Presumption of Indigence. In a suit filed bv a governmental entity in whirh

termination pf the parent-child relationship or managing conservatorshin is requested

a parent determined bv the trial court to be indigent is presumed to remain indigent for

the duration of the suit and anv subsequent appeal, as provided bv section 107.013 of

the Family Code, and may proceed without advance payment of costs.

Appellant-was defendant in action brought by state agency for the express purpose of termination of perental rights in a suit effecting the

parent child relationship where at the time of said suit appellant was

recognized by the trial court in the trial cause 2001-CI-16843 as indigent.

3 Record to be Prepared Without Prepayment. If a party establishes indigence, the trial court clerk and the court reporter must prepare the appellate record without prepayment. No records have been prepared nor given to Appellant for completion of his Brief as required.

APPELLANTS FIRST MOTION FOR EXTENSION OF TIME TO FILE 5 BRIEF AND MOTION WAVING ALL COSTS OF APPEAL \O 04-U-(l()79| HI. VIOLATION OF TEX. R. APP. P. 6.3{c) 14. Appellant is a pro se litigant and is not represented by counsel. His status as a pro se litigant has given opposing counsel, the Bexar County Civil Court staff attorney's office, district court judges, and the Bexar County District Clerk license to routinely and blatantly depart from civil and appellate procedure at a whim in proceedings involving Appellant. In fact, the district clerk's resistance to filing and serving a complete record on appeal of district court proceedings is because the trial record, on theface of it. is rife with evidence of numerous departures from civil procedure, outright illegalities, and disturbing acts of official oppression. As a result, Appellant will not be able to prepare the brief in time to meet the Court's briefing deadline absent an extension.

IV. APPELLANT VICTIM OF SUSTAINED HARRASSMENT; CANNOT AFFORD TO PAY FOR THE RECORD.

17. Notwithstanding Tex. R. App. P. 6.3(c). Appellant cannot afford to pay for the record on appeal. The trial court's unlawful judgment for costs against Appellant based on fraudulent pleadings of district court personnel has created extreme financial hardship on Appellant.

Further, Appellant has been the victim of cyber hacking and court- sanctioned burglary several times within the past ten years.

APPELLANTS FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF AND MOTION WAVING ALL COSTS OF APPEAL NO. 04-14-00791 III. VIOLATION OF TEX. R. APP. P. 6.3(c)

Appellant is a pro se litigant and is not represented by counsel. His status as a pro se litigant has given opposing counsel, the Bexar

County Civil Court staff attorney's office, district court judges, and the Bexar County District Clerk license to routinely and blatantly depart from civil and appellate procedure at a whim in proceedings involving Appellant. In fact, the district clerk's resistance to Tiling and serving a

complete record on appeal of district court proceedings is because the

trial record, on the face of it, is rife with evidence of numerous

departures from civil procedure, outright illegalities, and disturbing acts of official oppression. As a result. Appellant will not be able to

prepare the brief in time to meet the Court's briefing deadline absent an extension.

IV. APPELLANT VICTIM OF SUSTAINED HARRASSMENT; CANNOT AFFORD TO PAY FOR THE RECORD.

15. Notwithstanding Tex. R. App. P. 6.3(c), Appellant cannot afford to pay for the record on appeal. The trial court's unlawful judgment for costs against Appellant based on fraudulent pleadings of district court

personnel has created extreme financial hardship on Appellant.

APPELLANTS FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF AND MOTION WAVING ALL COSTS OP APPEAL NO. 04-14.00791 His financial status as a result of these attacks precludes him from

being able to pay for court documents. As a result, he will not be

able to prepare the brief in time to meet the Court's briefing deadline

absent an extension..

16. Appellant has undergone recent medical procedures and is

currently still recovering. He is unable to sit or stand for

extended periods of time and must rest frequently. As a result,

he will not be able to prepare the brief in time to meet the Court's

briefing deadline absent an extension.

V. APPELLENT SEEKS COURT REPORTERS RECORDS FOR TWO PRE-TRIAL HEARING'S.

17. To Appellant's knowledge and belief. Court Reporters require

approximately two weeks after payment in full to file certified

transcripts of court proceedings.

VI. REQUESTED EXTENSION IS NECESSARY.

18. Appellant seeks this extension of lime to be able to prepare a

cogent and succinct brief to aid this Court in its analysis of the

issues presented. This request is not sought for delay but so thai

justice may be done.

APPELLANTS FIRST MOTION FOR EXTENSION OF TIME TO FILE -ILL BRIEF AND MOTION WAVING ALL COSTS OF APPEAL NO. <M-I4-(IO7<)I His financial status as a result of these attacks precludes him from

being able to pay for court documents. As a result, he will not be

able to prepare the brief in time to meet the Court's briefing deadline

absent an extension..

16. Appellant has undergone recent medical procedures and is

currently still recovering. He is unable to sit or stand for

extended periods of time and must rest frequently. As a result,

he will not be able to prepare the brief in time to meet the Court's

briefing deadline absent an extension.

V. APPELLENT SEEKS COURT REPORTERS RECORDS FOR TWO PRE-TRIAL HEARING'S.

17. To Appellant's knowledge and belief. Court Reporters require

approximately two weeks after payment in full to file certified

transcripts of court proceedings.

VI. REQUESTED EXTENSION IS NECESSARY.

18. Appellant seeks this extension of lime to be able to prepare a

cogent and succinct brief to aid this Court in its analysis of the

issues presented. This request is not sought for delay but so that

justice may be done.

APPELLANTS FIRST MOTION FOR EXTENSION OF TIME TO FILE s BRIEF AND MOTION WAVING ALL COSTS OF APPEAL NO. 04-M-00791 VI. REQUESTED EXTENSION IS NECESSARY.

19. Appellant seeks this extension of time to be able to prepare a cogent

and succinct brief that will pose a significant number of questions pertaining to the application of current state statutes in relation to

the trial courts application of them in the Family Courts. Issues ranging

! from the Fifth, Eleventh and Fourteenth Amendments of the United

i States Constitution to questions of Texas Civil Practice and Remadies Code will be presented. This request is not sought for delay but so

that Justice may be preserved for all.

20. The undersigned has attempted to confer with opposing counsel, but

counsel has not responded to several overtures. Consequently, this

Motion for Extension of Time to File Brief cannot be characterized

as unopposed.

21. All facts recited in this motion are within the personal knowledge of

the counsel pro se signing this motion, therefore no verification is

necessary under Texas Rule of Appellate Procedure 10.2.

APPELLANTS FIRST MOTION FOR EXTENSION OF TIME TO FILE 10 BRIEF AND MOTION WAVING ALL COSTS OF APPEAL NO 04-14-00791 VII, HRAYKR FOR RELIEF

20. For the reasons set forth above, Appellant requests that this Court grant this First Motion to Extend Time to File Appellant's Brief and Motion Waving All Costs of Appeal, order clerk to prepair and deliver to all parties the official record, extend the Deadline for Filing the Appellant's Brief up to and including 30 days after receiving of the court reporters transcriptions from hearings.

APPELLANTS FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF AND MOTION WAVING ALL COSTS OF APPRAI.

NO. 04-1-1-007') 1 VII. PRAYER FOR RELIEF

20. For the reasons set forth above, Appellant requests that this Court

grant this First Motion to Extend Time to File Appellant's Brief and

Motion Waving All Costs of Appeal, order clerk to prepair and

deliver to all parties the official record, extend the Deadline for

Filing the Appellant's Brief up to and including 30 days after

completed appeals record has been timely filed ami served on ait

panics. Appellant additionally requests any and all other relief to

which he may show himself to be justly entitled.

Resnectfully submitted.

Michael Thomas Paul Propia Persona VIj 1. Certificate of Conference

1 certify that I attempted to confer with counsel for Appellee regarding this motion and that Appellee did not respond.

MICHAEL THOMAS PAUL 9123 EASY STREET SAN ANTONIO, TEXAS 78266 (210)294-4533

APPELLANTS FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF AND MOTION WAVING ALL COSTS OF APPHAI.

NO. 04-14.0(1791 CERTIFICATE OF SERVICE I certify that a true and correct copy of the aforementioned insirumeni was served on the following via E-File and E-Serve delivered on the 09th of January, 2015.

Scotl M Graydon, Asst. Attorney General E-File Texas E-Serve / P.OBox 12548 E-Mail Austin.TX 78711-2548

Donna Kay McKinney Bexar County District Clerk E-Filc Texas E-Scrve / WNucva, Suite 217 E-Mail San Antonio, TX 78205-3411 (210)335-2113

Michael Thomas Paul, propia Persona 9123 Easy Street San Antonio, Texas 78266 (210)294-4533

APPELLANTS FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF AND MOTION WAVING ALL COSTS OF APPEAL NO. 04-1-1-0079I CAUSE NO. 2004-PA-OOI41 IN THE INTEREST OF IN THE DISTRICT COURT OF § EZRA NEVADA PAUL § BEXAR COUNTY, TEXAS § A CHILD § 225TH JUDICIAL ORDER OF TERMINATION On December 9. 2004. the Court heard this case 1- Appearances ■I

z and announced ready.

1.2. Respondent MothW BRANDY ANDY WOOLVERTON did ^appear, 1.3.

Father MICHAEL PAUL appeared through attorney of

for the Ad .- subject of this suit, appeared and announced ready.

1-5. Also

Jurisdiction and Service of Process

21' c?C 2°? haVin£ eXiimined the rccord ^d heard the evidence and of that no other court has continuing, exclusive jurisdiction oTthiis case.

2.2.

regarding the child the SubjcC of this sui, pursuant to Subchap e7c Chap er 52 Texas Family Code, by vim* of the feet tha. Texas is the t£ ^S of th" ciild ' 2.3. The Court finds that all persons cntided lo citation were properly cited.

3. Jury

A jury Was waived, and ali questions of fact and of law were submitted to the Court.

Amanuensis Versfoi 2 0

PAUL EXHIBIT B-l 4. Record The record of testimony was duly reported by \('\m filCfi - LobdIft , the court reporter for the Master's Court, Room 2.2J>_, Bexar County Courthouse, San Antonio, Texas.

5. The Child The Court finds that the following child is the subject of this suit: Name: EZRA NEVADA PAUL Sex: Female ^ Birth Date: November 26,2000 i— Social Security Number XXX-XX-XXXX ~ Present Residence: adoptive home "" Driver's License Number: n/a S3-

^ 6. Termination of Respondent Mother BRANDY WOOLVERTON'S Parental Rights era 6.1. The Court finds by clear and convincing evidence that termination of the parent- child relationship between BRANDY WOOLVERTON and the child the subject of this suit is in the child's best interest.

6.2. Further, the Court finds by clear and convincing evidence that BRANDY WOOLVERTON has: 6.2.1. executed an unrevoked or irrevocable affidavit of relinquishment of parental rights as provided by Chapter 161, Texas Family Code; 6.3. IT IS THEREFORE ORDERED that the parent-child relationship between BRANDY WOOLVERTON and the child the subject of this suit is terminated.

7. Termination of Respondent Father MICHAEL PAUL'S Parental Rights 7.1. The Court finds by clear and convincing evidence that termination of the parent- child relationship between MICHAEL PAUL and the child EZRA NEVADA PAUL, is in the child's best interest 7.2. Further, the Court finds by clear and convincing evidence that MICHAEL PAUL has:

7.2.1. voluntarily loft tho ohildron alono or in tho possession of anotht/fli6ltnit fmmriing arifqunto nnpport nf thn ohitrimn nnri irmninrd nway fui u fraud of at least qih months |7.2.2.| knowingly placed or knowingly allowed the children to remain in conditions or surroundings which endanger the physical or emotional well-being of the children;

MjrMftVlMn, 9~2,,1,- engaged in conduct or knowingly ploood tho children with perae engaged in conduct'which endnngoro tho phyaieal or emotional wotl •of tho ehildronj- ) 7.2.4-j tailed to support the children in accordance with the father's ability during a period of one year ending within six months of the date of the filing of the petition; 7.TS n«nnntnri nn vnrnT|fH or ■irrpvooablo affidavit of rolinquic parental rights as piuvidcd by Chaptor 161, Toxao Family Code; constructively abandoned the children who have been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services or an authorized agency for not less than six months CSJ and: (1) the Department or authorized agency has made reasonable efforts to return the children to the father; (2) the father has not regularly visited or maintained significant contact with the children; and (3) the father has demonstrated an inability to provide the children with a safe environment; \ 7.2.7.1 failed to comply with the provisions of a court order that specifically o established the actions necessary for the father to obtain the return of the children who have been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services for not less than nine months as a result of the children's removal from the parent under Chapter 262 for the abuse or neglect of the children; ■7.2.8. uaod n controlled gubct defined by Chaptor 101, Health ait €odo, in a monnor that ondangercd the 1 h or safety of the cliil (1) failed to oomplotoo •dorcdaubitamxabuaot or (2) oft< program c< sd-fcnfr rolled oubotanooj.

7.3. IT IS THEREFORE ORDERED that the parent-child relationship between MICHAEL PAUL and the children EZRA NEVADA PAUL is terminated.

8. Interstate Compact The Court finds that Petitioner has filed a verified allegation or statement regarding compliance with the Interstate Compact on the Placement of Children as required bv § 162.002(b)(l) of the Texas Family Code. 9. Managing Conservatorship: EZRA NEVADA IT IS ORDERED UiaUfte DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES ■« appointed^OTrfaHent Managing Conservator of EZRA NEVADA PAUL arCl?d i^fs"1^ of *» suit> *e Court finding this appointment to be in the best interest ot the child.

onto SaflhigHeartH) Antanuen«laV«slcn2.0 10. Required Information Regarding the Parties and Child 10.1. The child 'a information is provided above; the information required of each party not exempted from such disclosure is: 10.1.1. Name: BRANDY WOOLVERTON Social Security number: XXX-XX-XXXX Current address: 10010 Broadway St #726, San Antonio, TX 78217

10.1.2. Name: MICHAEL PAUL Social Security number: XXX-XX-XXXX Current address: 9123 Easy Street, Braken, TX 78266 Home telephone number: (830) 438-4172

11. Continuation of Court-Ordered Ad Litem or Advocate 11.1. The Court finds that the child the subject of this suit will continue in care and this Court will continue to review the placement, progress and welfare of the child.

11.2. IT IS THEREFORE ORDERED that CYNTHIA MASSON, earlier appointed as Attorney and Guardian Ad Litem to represent the best interest of the child, is continued in this relationship until further order of this Court or final disposition of this suit.

12. Dismissal of Other Court-Ordered Relationships Except as otherwise provided in this order, any other existing court-ordered relationships with the child the subject of this suit are hereby terminated and any parties claiming a court-ordered relationship with the child are dismissed from this suit.

13. Inheritance Rights This Order shall not affect the right of any child to inherit from and through any party.

14. Denial of Other Relief IT IS ORDERED that all relief requested in this case and not expressly granted is denied.

15. NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF CHILD CUSTODY SPECIFIED IN THIS ORDER. A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE OFFICER'S AGENCY ARE ENTITLED TO THE APPLICABLE

Order Ssairxi Hearing Amararenrt Version £0 Pag«4 IMMUNITY AGAINST ANY CLAIM, CIVIL OR OTHERWISE, REGARDING THE OFFICER'S GOOD FAITH ACTS PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES IN ENFORCING THE TERMS OF THE ORDER THAT RELATE TO CHILD CUSTODY. ANY PERSON WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000.

SIGNED this 9th day of December, 2004.

APPROVE IT IS ORDERED AND ADOPTED to

a C-sl

ASSC JUDGE PRI SIDING

APPROVED AS TO FORM: DEC 2 1 200*1 O

Kimb^ly/X fiurley AttomcyUor Petitioner, Dep ent of Family and Protective Services Bcxar County Justice Center Dolorosa, 5th Floor San Antonio, TX 78205 phone: (210)224-1430 fax: (210)224-9887 State Bar # 00795274

f liia Masson omey and Guardian Ad Litem for the Child S.SL Mary's #1250 San Antonio, TX 78205 State Bar/H#8§W©©

Michael Robbins Attorney for the Presumed Father Michael Paul Donaldson San Antonio, TX 78201-4904 State Bar # 16984600

Orier Soiling Hearing PegeS