No. 03-17-00801-CV 

In the Court of Appeals

Third Supreme Judicial District of Texas

Thomas R. Pilgrim

v.

Texas Civil Commitment Office

APPELLANT'S UNOPPOSED MOTION FOR LEAVE

TO PROCEED IN FORMA PAUPERIS

COMES NOW, Thomas Pilgrim, Appellant herein and files this his unopposed motion to

proceed in forma pauperis. In support of this motion, Appellant represents as follows:

1. Appellant is subject to a Final Judgment ordering him into civil commitment

pursuant to Texas Health and Safety Code chapter 841. Appellant has been held

subject to that Final Judgment since his release from prison in 2014.

2. At the outset of the proceedings that led to the entry of the Final Judgment

ordering Appellant into civil commitment, the 435th District Court found

Appellant to be indigent and appointed State Counsel for Offenders to defend him

pursuant to Health and Safety Code section 841.005.

3. No court has overturned the determination by the 435th District Court that

Appellant was indigent. The determination by the 435th District Court that

Appellant is indigent remains in effect. Roberts v. State, 327 S.W.3d 880, 883 (Tex.

App.—Beaumont 2010, no pet.). After a trial court determines that the defendant is

indigent, there must be some evidence presented to the trial court of a change in

the defendant's ability to pay. Mayer v. State, 309 S.W.3d 552, 557 (Tex. Crim.

App. 2010).

4. The Defendant does not oppose Appellant's Motion for Leave to Proceed in forma

pauperis.

5. Prior to the beginning of his civil commitment, Appellant was incarcerated in the

Texas Department of Criminal Justice beginning 1990.

6. Appellant has no source of income. See Attached Statement of Inability to Pay

Costs, Exhibit #1.

7. Appellant filed a Petition Seeking Less Restrictive Housing and Supervision in

Travis County.

8. In the trial court Appellant could not afford counsel. Appellant was represented in

the trial court by counsel paid for by his parents. 

9. The trial court granted the Texas Civil Commitment Office's Plea to the

ACCEPTED

03-17-00801-CV

21313447

THIRD COURT OF APPEALS

AUSTIN, TEXAS

12/15/2017 9:45 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/15/2017 9:45:33 AM JEFFREY D. KYLE Clerk
Jurisdiction. See attached order – Exhibit #2.

10.Appellant wishes to pursue an appeal of the trial court ruling granting the Texas

Civil Commitment Office's Plea to the Jurisdiction.

11.Appellant's parents are not paying an attorney to prosecute his appeal of the trial

court's order sustaining the Texas Civil Commitment Office's Plea to the

Jurisdiction. See Exhibit # 4.

12.Appellant cannot afford to pay costs, including either the Clerk's Record or the

Reporter's Record. See Attached Exhibit #1 Unsworn Declaration of Indigence.

13. Appellant's trial counsel will provide legal services in connection with the appeal

free of charge. See attached Unsworn Declaration of Counsel – Exhibit #3.

WHEREFORE, since Appellant has been declared to be indigent, that declaration has

not been challenged and Defendant does not oppose Appellant's motion to proceed in

forma pauperis, Appellant respectfully requests that this Court grant this motion

permitting Appellant to proceed in forma pauperis AND to excuse Appellant from the

obligation to pay costs.

Respectfully Submitted,

/s/ William A. Marshall 

William A. Marshall

16011 Maplehurst Drive

Spring, Texas 77379

TBN 13048340

Tele: 713-301-2854

billmarshallpm@gmail.com

CERTIFICATE OF CONFERENCE

I contacted counsel for the Texas Civil Commitment Office (TCCO) by email to

determine whether TCCO is opposed to this motion. The Texas Civil Commitment

Office is not opposed to this motion. 

/s/ William A. Marshall
CERTIFICATE OF SERVICE

I hereby certify that on this 15th day of December, 2017, a true copy of the

foregoing Appellant's Unopposed Motion for Leave to Proceed In Forma Pauperis was

filed and served, through the eFile Texas system, on opposing counsel as follows:

Texas Civil Commitment Office

c/o Richard Huntpalmer

Assistant Attorney General

Law Enforcement Defense Division

Office of the Attorney General

P.O. Box 12548, Capitol Station

Austin, Texas 78711

email: richard.huntpalmer@oag.texas.gov

/s/ William A. Marshall
No. 03-17-00801-CV 

In the Court of Appeals

Third Supreme Judicial District of Texas

Thomas R. Pilgrim

v.

Texas Civil Commitment Office

ORDER ON

APPELLANT'S MOTION FOR LEAVE

TO PROCEED IN FORMA PAUPERIS

ON THIS DATE came on for hearing Appellant's Motion for Leave to Proceed In

Forma Pauperis and to be excused from payment of costs.

The Court having considered Appellant's Motion and the attachments is of the opinion

that the motion has merit and should be granted. IT IS THEREFORE

Ordered that Appellant Thomas Pilgrim is granted leave to proceed in forma pauperis. 

IT IS FURTHERED

Ordered that Appellant is excused from the payment of costs associated with this appeal.

Signed this ___ day of ________ 201_.

_________________________________

Judge Presiding
No. 03-17-00801-CV 

In the Court of Appeals

Third Supreme Judicial District of Texas

Thomas R. Pilgrim

v.

Texas Civil Commitment Office

APPELLANT'S MOTION FOR LEAVE

TO PROCEED IN FORMA PAUPERIS

EXHIBIT #1

STATEMENT OF INABILITY TO PAY COSTS

No. 03-17-00801-CV 

In the Court of Appeals

Third Supreme Judicial District of Texas

Thomas R. Pilgrim

v.

Texas Civil Commitment Office

APPELLANT'S MOTION FOR LEAVE

TO PROCEED IN FORMA PAUPERIS

EXHIBIT #2

ORDER SUSTAINING PLEA TO THE JURISDICTION

No. 03-17-00801-CV 

In the Court of Appeals

Third Supreme Judicial District of Texas

Thomas R. Pilgrim

v.

Texas Civil Commitment Office

APPELLANT'S MOTION FOR LEAVE

TO PROCEED IN FORMA PAUPERIS

EXHIBIT #3

UNSWORN DECLARATION OF COUNSEL
No. 03-17-00801-CV 

In the Court of Appeals

Third Supreme Judicial District of Texas

Thomas R. Pilgrim

v.

Texas Civil Commitment Office

APPELLANT'S MOTION FOR LEAVE

TO PROCEED IN FORMA PAUPERIS

UNSWORN DECLARATION

My name is William A. Marshall. My Texas Bar Number is 13048340, and my address 

is 16011 Maplehurst Drive, Spring, Texas, and USA.

I am the attorney for Thomas Pilgrim in the captioned matter. While I was paid for my 

services in the trial court by Mr. Pilgrim's parents, I will be providing legal services to 

Mr. Pilgrim in the appeal of the trial court's ruling on the Texas Civil Commitment 

Office's Plea to the Jurisdiction free of charge. I do expect Mr. Pilgrim to contribute to 

payment of expenses

I declare under penalty of perjury that the foregoing is true and correct.

Executed in Bartholmew County, State of Indiana, on the 1st day of December 2017.

/s/ William A. Marshall 

Declarant
No. 03-17-00801-CV 

In the Court of Appeals

Third Supreme Judicial District of Texas

Thomas R. Pilgrim

v.

Texas Civil Commitment Office

APPELLANT'S MOTION FOR LEAVE

TO PROCEED IN FORMA PAUPERIS

EXHIBIT #4

LETTER FROM APPELLANT'S PARENTS