Order entered April 26, 2019

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05

- 18

- 00213

- CV

MICHAEL DWAIN WILLIA MS, Appellant

V. LUPE VALDEZ, SHERIFF , Appellee On Appeal from the 1 60th Judicial District Court

Dallas County, Texas Trial Court Cause No. DC

- 17

- 09709



### O RDER Before the Court is appellant’s April 15, 2019 motion seeking contempt proceedings and abatement of appeal

. Appellant asserts a supplemental clerk’s record filed p ursuant to our January 18, 2019 order does not comply with the order. That order directed Dallas County District Clerk Felicia Pitre to file a supplemental record containing a copy of certain cover letters identified in a December 6, 2018 letter from appe llant

. Our order further provided that if any of the requested items could not be located, Ms. Pitre was to state so in writing. Appellant asserts the supplemental clerk’s record that was filed does not contain any of the items requested and

does not ref

lect the items could not be located. Appellant asks the Court to “exercise its contempt power to compel” Ms. Pitre to file a supplemental record with the requested items and abate the appeal until she complies.We GRANT the motion to the extent we ORDER M s. Pitre to file, no later than May 6,

2019, a supplemental clerk’s record containing the following items as listed in the December

letter : 1) c over l etter t o c lerk that accompanied and was filed with P laintiff ’ s Original Petition , stamp filed August 9, 20 18; 2) c over l etter t o c lerk that accompanied and was filed with Plaintiff ’ s Timely Amendment to "Plaintiff ’ s O riginal Petition , " stamp filed October 11, 2017; 3) c over l etter t o c lerk that accompanied and was f iled with Plaintiff ’ s Request
u nder Rule 12 , Texas Rules o f Civil Procedure f or District Attorney to Show Authority t o Defend Defendant i n Ultra Vires Action a t Tax Payers ’ Expense , stamp filed January 24, 2018; 4) c over l etter t o c lerk that accompanied and was filed with Plaintiff ’ s First Supplem ental Pleading t o His Amended Original Petition Allegin g t he Ultra Vires E x ception i n Reply t o Defendant ’ s Reply to Plaintiff ’ s Respon se to Motion to Dismiss , stamp filed February 2, 2018; 5) c over l etter t o c lerk that accompanied and was filed with Plain tiff ’ s Re q uest f or Findings o f Fact a nd Conclusions o f Law , stamp filed February 19, 2018 ; 6) c over l etter t o c lerk that accompanied and was filed with Plaintiff ’ s Request f or a Ruling o n His Properly Filed Rule 12, Texas Rules o f Civil Procedure Motion , stamp filed February 19, 2018; 7) c over l etter t o c lerk that accompanied and was filed with Plaintiff ’ s Motion f or New Trial , stamp filed February 28, 2018; and,

8 ) a ll other c over l etters t o t he Clerk omitted from the c lerk ’ s r ecord in this cause.
If a ny of the items cannot be located, Ms. Pitre shall state so in writing. Appellant’s brief shall be filed within thirty days of the filing of the record or any verification that items could not be

located. On our own motion, we DIRECT the Clerk of the C ourt to send appellant a paper copy of the supplemental clerk ’s record once it is filed. We further DIRECT the Clerk of the Court to send a copy of this order to Ms. Pitre and the parties.

/s/ BILL WHITEHILL JUSTICE