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IN THE fas/ DISTRICT Ftt£D0i COURT OF APPEALS W^J?'^^ HOUSTON - DIVISION ,AV1 „ , ,..

JAN - 5 2l)b NOS-: CPiV-OJOO/ _cRCHRISTOPHERA. PRINE : Q/-/Y-6>/dbX -cB-ERK : O/ -/f-Q/DS 3 -CR

FROM THE 240TH DISTRICT COURT JIDICIAL DISTRICT FORT BEND COUNTY/ TEXAS CAUSE NOS.:05-DCR-042537-B HC3 :05-DCR-042538-B HC3 :05-DCR-042572-B HC3

NOTICE OF APPEAL WITH DECLARATION OF INDIGENCY IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS

TO THE HONORABLE JUSTICES OF SAID COURT:

Comes Now/ Dennis James Poledore, Jr./(hereinafter/ Appellant) Pro set and files his "Notice Of Appeal with Declaration Of Indigency In Support Of Request To Proceed In Forma Pauperis". In support thereof would show the following: I.

Appellant gave timely notice of appeal on Decemberg , 2014, to the 240th Judicial District Court (visiting judge) "Lee Duggan Jr."/ to Appeal three (3) Appealable "Orders" issued on November 12/ 2014. Appellant seeks review in the in terest of justice, for a determination of whether the Habeas Court "Abused its ^. discretion" by issuing Orders denying Appellant's:^ £Mt&Cf-&6M) a+fa&d/&£WM&&<?&* 1. Final Disposition Determination Hearing Request. See Exhibit-(SW-1) 2. Motion Requesting An Evidentiary Hearing For A §4(a) Provision " Final Disposition" Conducted For Applicant's Prior Writ Ground One "Denied U.S./ Fed., And Tex. Sixth Amendment Right To Counsel" Claim. See Exhibit-(SW-2) 3. Second Subsequent Writ Applications Grounds One thru Three. See Ex hibit- (SW-3) Without [first] conducting the required Texas Code of Criminal Procedure/ Article 11.07/ §4(a) Provision "Final Disposition" determination procedure to determine whether or not Appellant's initial (writ applications) Ground One Denied... Sixth Page-1 Amendment right to counsel" claim/ entails a final disposition on the merits to overcome a §4 (determination) bar. Which Appellant contends the Court's failure make that determination before rendering its denial/ denied him of his Fourteenth Amendment procedural "Due Process" right to a fundamental fair Subsequent Writ Ha beas Corpus proceeding guaranteed by: a) Texas Bill of rights, Article I,Section and 19; Due Process Clause, and Equal Protection clause of the United States, Federal, and Texas Constitution; and b) C.C.P. art. 11.07, §4(a0 Provision. See Ex Parte Torres, 943 S.W.2d 469/ 472-74(Tex.Crim.App.l997) II.

GOOD-FAITH REQUEST Appellant avers that this Appeal is taken in good-faith, and not to harass any party or delayany legal finality. But taken in hope to undo a miscarriage of jus tice.

III.

DECLARATION OF INDIGENCY IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS Pursuant to Texas Rules of Civil Procedure, §5 under Rule 145(a) "Affidavit of Inability". Appellant declare that the responses to the questions listed below are true and correct/ and answered under penalty of perjury: 1. T have not received within the last 12 months from the following: sources: a. Business/ Professions/ or from Self-employment b. Rent payment, Interest or Dividends c. Pensions, Annuities, or Life Insurance payment d. Gifts or Inheritances e- Any other sources of earned income 2. I do not own cash or have any money in a checkings or savings account, in cluding any funds where interest is paid and unable to obtain a loan.

3. I do not own Real Estate, Stocks, Bonds, Notes Automobiles, or other valu able property, excluding ordinary household furnishings and clothings.

I further understand a false statement in an answer to any question in this Affidavit, will subject me to penalties of perjury.

Under State Law (V.T.C.A.) Practice and Remedies Code 132.001-132.003, I Dennis James Poledore/ Jr./ do declare under penalty of perjury, that the above foregoing informatioH and answers are true and correct.

Page-2 a4 Executed this $7 day of December/ 2014.

SIGNATURE OF AFFIANT DENNIS JAMES POLEDORE, JR

CERTIFICATE OF SERVICE

I. certify that a true and correct copy of this Pleading/Notice was placed in the U.S. Postal Mail Box at the /J->/u/Jj£h U*»-f ,3^7^ F"\ •35~"& "S^uif{ C/U/A/^-S^ib/J ,Texas 773-5"; Addressed to: #1. Fort Bend County District Clerk's office Jackson St. Richmond/ Texas 77469

Executed this $ f day of December, 2014.

/s, SIGNATURE OF AFFIANT DENNIS JAMES POLEDORE JR.

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