ia-15-ooo^-CO

Twelfth Court of Appeals

1517 W- Front St., Ste 354

Tyler, Texas 75702

RE: No. 12-14-00332-0/

Robert C. Morris v. Sherri Miliigan Et Ai.

Petition For Writ ot Mandamus

April 6, 2015

FILED IN COURT OF APPEALS

12th Court olAgP^alaDi^et

APR -9 2015

TYLER TEXAS

CATHY S. LUSK, CLERK

Dear Court Clerk/

Please find enclosed my Petition For Writ ot Mandamus to be filed and presented

to the Honorable Court in the above staled numbered cause for consideration and

rulingOn this date/ a true and correct copy has been served upon the General Counsel

tor TDCJ, Respondents representative.

A courtesy copy ot this petition also has been served upon the Asst Attorney

General Patrick Brezik, who represents the Appellees in this matter.

Please notify me of receipt and any decisions made by the Court please.

Thank you for your time and assistance in this matter, it is greatly appreciated

and welcomed.

enclosure(s): 1

cc: file

Sharon F. Howell,

General Counsel - TDCJ

Patrick Brezik,

Asst. Attorney General

Sincerely

C. Morris

Reiator/Appellant Pro Se

TDCJ-ID # i3110B3

Smith Unit

1313 CR 19

Lamesa, Texas 79331
IN TEE

TWELFTH COURT OF APPEALS

TYLER, TEXAS

NO. -12 14 00032 CV

ROBERT C. MORRIS

VS.

SHERRI MILLIGAN, ET AL

PETITION FOR WRIT OF MANDAMUS

ROBERT C. MORRIS

TDCJ-ID ft 1311083

SMITH UNIT

1313 CR 19

LAMESA, TEXAS 79331

F'HD,iN cou^Fa7peaLI;

APR -g 2QJ

TYLER TEXAS

CWW5JMSK, CLERK
IDENTITY OF INTERESTED PARTIES

RELATOR:

COUNSEL:

RESPCNDENT(S)

COUNSEL:

OTHER INTERESTED PARTIES:

COUNSEL:

ROBERT C. MORRIS

TDCJ-ID $ 1311083

SMITH UNIT

1313 CR 19

LAMESA, TEXAS 79331

PRO SE

ALBERT JIMENEZ

1313 CR 19

LAMESA, TEXAS 79331

VICKY BARROWS

CINDI SIGSBEE

1060 E. HWX 190 E.

HUNTSVILLE, TEXAS 77340

SHARON FELFE HOWELL

OFFICE OF GENERAL COUNSEL

PO BOX 13084

AUSTIN, TEXAS 78711-3084

SHERRI MILLIGAN

BRYAN GORDY

CHRISTY HOISINGTON

PATRICK BREZIK

ASST. ATTORNEY GENERAL

PO BOX 12548

AUSTIN, TEXAS 7 8711-2548
JUDICIAL NOTICE

Relator Robert C. Morris requests that this Honorable Court of Appeals

takes Judicial Notice that the issue being presented in this Petition E'or Writ

of Mandamus is the failure or out-right refusal of TDCJ Access To Courts Program

personnel to provide necessary legal paper to prepare legal pleadings.

The Rule of Appellate Procedure states that pleadings before the Court

of Appeals be submitted on 8^x11 white paper, one-sided. This petition is

being submitted on paper that was printed on one-side with a TDCJ provided

legal form.

Relator notice tor the Court to note is these pre-printed forms are tne

only paper that the Relator was able to obtain to prepare and tile this petition.

The reason being such as outlined in this petition, the inability to obtain

and receive paper from the Respondents.
IN THE

TWELFTH COURT OF APPEALS

TYLER, TEXAS

ROBERT C. KORRIS §

vs § NO. 12-14-00332-CV

SHERRI MILLIGAN, ET AL. §

PETITION FOR WRIT OF MANDAMUS

TO THE HONORABLE COURT:

COMES NOW, Robert C. Morris, Relator Pro Se, in the above styled numbered

cause and respectfully files and submits this his Petition For Writ of Mandamus

and would show the Court the following for issuance of manaamus.

I.

RELATOR

Robert C. Morris, TDCJ-ID # 1311083, is an offender incarcerated at the

Smith Unit of TDCJ and ia appearing pro se, who can be located at 1313 CR 19,

Lantesa, Texas 79331.

Morris is the Appellant in the above styled cause and is appearing pro

se in that matter.

Relator has exhausted his remedies and has no other adequate remedy at law.

The act sought to be compelled is ministerial/ not discretionary in nature.

The First Amendment of the United States Constitution and Article I § 27 of the

Texas Constitution provide that a person has the right to redress the government

of grievances, known as "Access To The Courts Clause".

II.

RESPONDENT(S)

Albert Jimenez, is the Smith Unit Access To Courts Supervisor, who in his

capacity has a ministerial duty to provide TDCJ offenders with meaningful and

adequate access to the courts pursuant to the Constitutions of the United States

and Texas. Respondent Jimenez can be located and served at his place of business

at 1313 CR 19, Lamesa, Texas 79331.

Vicky Barrows/ is the TDCJ Access To Courts Program Manager, who in her

capacity has a ministerial duty to impliment necessary policies to provide

TDCJ offenders with meaningful and adequate access to the courts pursuant to the

Constitutions of the United States and Texas. Respondent Barrows can be located

and served at her place of business at 1060 E. Hwy. 190 E., Huntsville, Texas
77340.

Respondent Cinoi Sigsbee, is the Regional Access To Courts Supervisor, who

in her capacity has a ministerial duty to supervise TDCJ Units in providing

TDCJ offenders with meaningful ano adequate access to tne courts pursuant to

the Constitutions of the United States and Texas. Respondent Sigsbee can be

located and served at her place of business at 1060 Hwy 190 E., Huntsville,

Texas 77340.

The Respondents have representation by Sharon Felfe Howell, Office of

General Counsel for TDCJ, PO Box 13084, Austin, Texas 78711-3084.

III.

VIOLATION OF TEE FIRST AMENDMENT OF THE UNITED STATES CONSTITUTION

The First Amendment ot the United States Constitution established "the

right of the people—to petition the Government for redress of grienvances."

Thsi right is commonly known as "Access To The Courts Clause".

The Fourteenth Amendment made the First Amendment applicable to the States.

The United States Supreme Court established this 'Right' with regards to

prisoners in BOUNDS v SMITH, 430 U.S. 343, 97S.Ct.1491, 52 L.Ed.2d 72 (1977). The

Supreme Court stated "It is indisputable that indigent inmates must be provided

at State expense with paper and pen to draft legal documents witn notarial

services to authenticate them, and with stamps to mail them." ID at 824-825.

VIOLATION OF ARTICLE I § 27 OF THE TEXAS CONSTIUTION

Article I § 27 of the Texas Constitution provides "Tne citizens shall have

right..-apply to those invested with the powers of government for redress of

grievances or other purposes, by petition, address or remonstrance."

The Texas Department ot Criminal Justice (TDCJ) is charged witn the duties

to execute the First Amendment and Article I § 27 of the nited States and Texas

Constitutions, respectively. This is completed through the Access To Courts

Program and implimented through various Board Policies and Admininstrative

Directives.

The issuance of legal supplies (i.e., paper, pen, envelopes, postage) is

directed by Board Policy 03.81 and Administrative Directive 14.09. Board Policy

03.81 is a general policy to provide notice of what and how supplies are to

be made available to inmates. Administrative Directive 14.09 is a policy that

provides detailed guidelines in the issuance ot legal supplies to indigent

inmates.

Speciticiy, AD-14.09 provides:
"Paper for legal/special correspondence shall not be limited,

but shall be issued to indigent offenders based upon their

presentation of a justifiable legal need (i.e./ court deadline,

lengthy legal document).

AD-14.09.III.C.3.a.3 (2010)

On February 24, 2015, Relator requested 180 sheets of paper on TDCJ form

1-302 and provided justification through the following information: case name:

Morris v Milligan; case no. 12-14-00332-Cv; court: 12th Court of Appeals; pages

in brief: 60; number of copies: 3; total: 180 sheets of paper. Respondent

Jimenez issued only 35 sheets of paper.

Relator filed administrative remedies, that provided no further action

warranted at the Unit level. A step 2 grievance is still pending and is betore

Respondent Barrows or Sigsbee, however such a decision can take up to 40 days.

With a deadline of Marcn 17, 2015 nearing, Relator filed a Motion For

Immediate Court Order and a second Motion For Extension of Time with the

Twelfth Court of Appeals, which denied the motion for court order, but granted

extension of time until April 16, 2015.

Relator on March 24, 2015, again requested 120 sheets ot paper and again

provided justification on the back of of form 1-302. The information was the

same as previously provided with the addition of a new deadline. Respondent

Jimenez issued only 25 sheets of paper and responded to Relator's note with

what could be taken as threats and intimidation.

Relator on March 26, 2015 mailed letters to Respondents Barrows and Sigsbee

explaining the situation and issues and asked tor their assistances to resolve

the issue, since they are Respondent Jimenez's supervisors.

With the new court deadline looming, Relator seeks this mandamus to compel

Respondents to provide paper so that Relator can prepare and file his Appellate

brief. As noted with the Judicial Notice, contained herein, Relator did not have

paper to file this petition in accordance with the Appellate Rules, because

the denial of paper by Respondents, however, Relator has plenty of access to

obtian pre-copied forms/ in which Relator has used.

It is clear that Relator has complied with the policies implimented by

Respondents to obtain legal supplies. The Respondents however, have wholly

failed to comply with the United States Constitution and Texas Constitution,

the Supreme Court ruling in BOUNDS, and TDCJ policies to ensure meaningful and

adequate access to the courts. The Respondents are acting in bad taith and is
in violation of procedure, ministerial duties, and thus the laws of the United

States and this State.

The failure of Relator not being afforded the legal supplies necessary

to prepare and file his appellate brief will result in the dismissal ot his

appeal of first right. The dismissal of appeal will cause Relator to forfeit

any claims or issues in which he wished to raise relating to the civil complaint

filed with the district court in the underlying case inthis appellate matter.

PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, the Relator Robert C. Morris, pro se, respectfully

requests a finding the Respondents did not provide legal supplies pursuant to

established Federal and State laws and that Relator brought this litigation

in good faith and has substantially prevailed. Relator prays for an Order

directing the Respondents to provide legal supplies necessary to provide

meaningful and adequate access to the courts, in the interest of justice.

Respectfully Submitted,

Dated: April 6, 2015

Robert -^j. Morris

Relator Pro Se

TDCJ-Id ft 1311083

Smitn Unit

1313 CR 19

Lamesa, Texas 79331

I, Robert C. Morris, declare under penalty ot perjury that the foregoing

is true and correct, and further certify that a true and correct copy has

been served upon the Sharon F. Howell, Office of General Cousnel for TDCJ,

PO Box 13084, Austin, Texas 78711-3084 and a courtesy copy has been delivered

to Patrick Brezik, Asst. Attorney General, Po Box 12548, Austin, Texas 78711-

2548 by placing in the Smith Unit/TDCJ Prison Mail System on this the bth

day of April, 2015. ^^-p --""S^

Robert C. Morris

TDCJ-ID # 1311083

Smith Unit, Dawson County

Relator Pro Se