Dennis James Poledore v. State

APPEAL CAUSE NOS.:01-14-01001-CR :01-14-01002-CR :01-14-01003-CR DENNIS JAMES POLEDORE JR. § COURT OF APPEALS § V. § FIRST DISTRICT THE STATE OF TEXAS § HOUSTON/ TEXAS MOTION TO SUSPEND TRAP RULE 9.3 PURSUANT TO TRAP RULE 2. TO THE HONORABLE JUSTICES OF TEE COURT OF APPEM.S: Cares Now, Dennis James Poledore, Jr., Appellant in the above styled and ap pellate cause numbers, and moves this Honorable Court to "Suspend TRAP Rule 9.3 "Number; of copies" pursuant to TRAP Rule 2 "Suspension of Rule". In support of this would show the following'1: I. FACTS SUPPORTING GOOD-FAITH REQUEST Appellant in the above Appellate cause numbers Appeals three (3) Appealable "Orders" that resulted from the Trial Habeas Judge denying: 1) his Order Request For An Evidentiary Hearing For A §4(a) Provision Final Disposition Determination Conducted....; and 2) his Memorandum Order Final Disposition Determination Hear ing Request. And the Trial Habeas Court's own Order denying Aopellant's jSubse- quent Writ. See Appendix provided, Exhibits-(G-l) And (G-2), i i Appellant states the following under penalty of perjury, in support off this request; 1. Appellant filea With his Notice of Appeal an affidavit of indigency re quest to proceed with this Appeal in forma pauperis. See Exhibitp(G-4) in the Appendix provided. 2. Texas Department of Criminal Justice, Institutional Division, does hot provide any manner for an Offender to make copies for legal papers/docu ments. ;and j 3= Offenders are allowed through indigent supplies only 5 pieces of carbon paper, and 25 sheets of typing paper per month to use for personal and legal mattersj which is insufficient to provide the necessary required copies. Executed this 29th day of December, 2014. Page 1 of 2 PfflYER WHEREFORE/ PR&HSES CONSIDERED* Appellant Pray his request to Suspend TRAP Rule 9.3 pursuantto TRAP Rule 2. and allow Appellant to file the Original of all doc uments, Motions.. Pleadings, and Brief necessary to file in the above foregoing three (3) Appellate cause numbers. Respectfully Submitted DENNIS JAMES POLEDORE TDCJ-ID NO. 1400186 POLUNSKY UNIT 3872 F.M. 350-SOUTH LIVINGSTON, TEXAS 78351 CERTIFICATE OF SERVICE 1/ certify that a true and correct carbon copy of the foregoing Motion/Plead- ing was placed in the U.S. Postal Mail Box at the Polunsky Unit addressed to: John J. Harrity III Assist. District / Attorney Fort Bend County, Texas 301 Jackson St., Room 101 Richmond, Texas 77469 Executed this 29th day of December, 2014. SIGNATURE OF AFFIANT Page 2 of 2 TO: CHRISTOPHER A. PRINE, FIRST COURT OF APPEALS COURT CLERK 301 FANNIN HOUSTON, TEXAS 77002-2066 JAN- 5 2015 FROM:DENNIS JAMES POLEDORE JR. TDCJ NO. 1400186 BDlunsky Unit . 3872 F.M. 350-South Livingston, Texas 77351 RE:MOTION TO SUSPEND TRAP RULE 9.3 PURSUANT TO TRAP RULE 2; NOTICE OF APPEAL WITH DECLARATION OF INDIGENCY IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS; COPY OF REQUEST FOR PREPARATION OF IDENTICAL CLERK'S RECORD FROM DESIGNATED LIST OF DOCUMENTS AND EXHIBITS(PROVIDED) PURSUANT TO TRAP 34.5(10) WITH AN ATTACHED LETTER REQUESTING CLERK'S SUMMARY SHEETS BE CORRECTED WITH ATTACHED EXHIBITS; COPY OF ORIGINAL NOTICE OF APPEAL POINTING OUT APPELLANT'S REQUESTED NATURE TO APPEAL AND REQUEST FOR THE HABEAS COURT JUDGE TO CERTIFY MY RIGHT TO APPEAL 3 APPEALABLE ORDERS FROM HIS DENIAL RENDERED ON NOVEMBER 12, 2014 ALSO ATTACHED: AND A "DOCKET STATEMENT" FILED UNDER TRAP 32. Dear Clerk, Please find the above listed documents listed above, to be filed in Appellate cause numbers;01-14-01001-CR, 01-14-0100 2-CR, 01-14-01003-CR, for considerat ion and filing. The number one correction I've request is, for the Clerk to properly labelize the Nature of this Appeal. Pursuant to TRAP Rule 36.3, I'm asking that if the records are not corrected and the designated documents and exhibits list can not be provided, youtoffice)command that a correct Clerk's Summary Sheet be sent. In addition to all necessary documents and exhibits required and what Appellant has requested in the interest of justice. Your attenfilon to this request is appreciated. Thank you in advance. Date: December 29, 2014 Sincerely rs J&MES POLEDORE JR APPELLANT CC: JOHN 3 HARRITY HI, Assiatant District Attorney Fort Bend Coiffity, Texas