Juan Enriquez v. Rick Thaler

IN THE COURT OF APPEALS FOR THE TWELFTH DISTRICT OF TEXAS AT TYLER No. 12-14-00016-CV COURT OF APPEALS 1: th Court o? Appeals District JUAN ENRIQUEZ, Appellant fm VKim k v. RICK THALER, loWexas/yT^ Appellees, c THY S. LUSK, C^ERif APPELLANT'S SUPPLEMENT TO PENDING MOTION TO ABATE APPEAL FOR LACK OF FINAL JUDGMENT TO THE HONORABLE JUDGES OF SAID COURT: Juan Enriquez, Appellant/ supplements his pending motion to abate appeal for lack of final judgment due to the dismissal order being a judgment nisi which confiscated funds without the process due with the need to abate this appeal to allow an essential record to this appeal be included in the record. I. The lead issue in this appeal is that the district court our of Travis County did not have statutory authority to transfer this case to Anderson County because Section 15.019, Tex.Civ.Prac. & Rem. Code, the Inmate Venue Statute has a Savings Clause that precludes the application of the statute to causes of action that accrued prior to 1995, the year the statute was enacted. The claim involved is the ongoing tort of racial segregation and racial discrimination which existed by statute when Appellant was placed in prison in 1972. The claim is not subject to challenge in venue proceedings. The transfer order is a nullity. II. The hearing of the motion to transfer venue on February 6, 2013, was recorded. A copy of the February 6, 2013, hearing is attached in support of this motion. The hearing judge, the reporter of the hearing, and the Travis County district clerk all refused to produce this record to this Court or to provide it to Appellant so that he could make it a part of the record. The subject record, however, was made available to defendant prison officials and was presented to this Court as an Appendix to Appellees' Brief. This Court, however, ordered the record stricken and overruled Appellant's motion to make the Appendix to Appellees' Brief a part of the record. The result is that an essential part of the record is not before this Court because officials in Travis County in essence interfered with the administration of justice by refusing to produce a record that reflects a specific disregard of Texas statutes. III. The district clerk of Anderson County has demonstrated that she will not cooperate with the filing of a proper record. It took an order from this Court for the dismissal hearing to be made a part of the record. WHEREFORE, PREMISES CONSIDERED, Appellant prays that the Court abates this appeal and instructs the Anderson County district clerk to supplement the record with a copy of the Reporter's Record of the February 6, 2013, motion to transfer venue hearing. Respectfully submitted, in Enriqui !7122 ^> TDCJ-Michael 2664 FM 2054 Tennessee Colony, TX 75886 Certificate of Service I, Juan Enriquez, certify that a correct copy of the foregoing supplement to motion to abate was served by placing same in the United States mail, postage prepaid, on June 3, 2015, addressed to Briana Webb, Assistant Attorney General, P. 0. Box 12548, Capitol Station, Austin, TX 78711. n Enriq(j^g // Mailbox Rule Filing Verification I, Juan Enriquez, declare under penalty of perjury, that the foregoing supplement to motion to abate was filed on June 3, 2015, by placing same in the Institutional Mail System, first class mail, postage prepaid, addressed to Clerk, Twelfth Court of Appeals, 1257 West Front Street, Suite 354, Tyler, TX 75702. Executed on June 3, 2015. Z! Enriquez Motion for Continuance/Motion to Transfer Venue February 6, 2013 1 REPORTER'S RECORD VOLUME 1 OF 1 VOLUMES 2 TRIAL COURT CAUSE NO. D-l-GN-12-000398 APPELLATE COURT CAUSE NO. 12-14-00016-CV 3 JUAN ENRIQUEZ ) IN THE DISTRICT COURT 4 ) vs . ) TRAVIS COUNTY, TEXAS 5 ) RICK THALER, ET AL ) 126TH JUDICIAL DISTRICT 6 7 9 MOTION FOR CONTINUANCE 10 MOTION TO TRANSFER VENUE 11 12 13 14 On the 6th day of February, 2013, the following 15 proceedings came on to be held in the above-titled and 16 numbered cause before the Honorable Orlinda Naranjo, 17 Judge Presiding, held in Austin, Travis County, Texas. 18 Proceedings reported by computerized stenotype 19 machine. 20 21 22 23 24 25 Motion for Continuance/Motion to Transfer Venue February 6, 2013 1 APPEARANCES 2 3 JUAN ENRIQUEZ, MOVANT, PRO SE 4 5 COUNSEL FOR THE RESPONDENT: RACHAEL OSAZE-EDIAE 6 SBN: 24068148 Office of the Attorney General 7 P.O. BOX 12548 AUSTIN, TX 78711 8 Phone: (512) 463-2080 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Motion for Continuance/Motion to Transfer Venue February 6, 2013 1 2 VOLUME 1 3 Motion for Continuance/Motion to Transfer Venue 4 February 6, 2013 5 PAGE VOL 6 Motion for Continuance 4 l 7 Court's Ruling 11 i 8 Motion to Transfer Venue 11 l 9 Court 's Ruling 24 1 10 Reporter's Certificate 26 1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Motion for Continuance/Motion to Transfer Venue February 6, 2013 1 2 PROCEEDINGS 3 February 6, 2013 4 Telephonic Conference 5 THE COURT: Is this Mr. Enriquez? 6 MR. ENRIQUEZ: Yes, Juan Enriquez here at 7 the Michael Unit. 8 THE COURT: Okay. Ms. Enriquez, this is 9 Judge Orlinda Naranjo, and I am going to be hearing this 10 matter. 11 Let me call the case and then counsel will 12 have you identify yourself for the record, okay? 13 And, Mr. Enriquez, if at any time you 14 cannot hear us, or counsel, let me know. I've got the 15 volume on pretty high. And it should be picking her up, 16 but if not, I'll have her get closer to the bench. 17 Right now she's at the table, all right? 18 MR. ENRIQUEZ: Okay. 19 THE COURT: All right. Let me formally 20 • call the case. The Court will call Cause No. 21 D-l-GN-12-000398, Juan Enriquez vs. Rick Thaler, et al. 22 Counsel, if you'll make your announcement 23 for the record. 24 MS. OSAZE-EDIAE: Rachael Osaze-Ediae here 25 on behalf of the defendants through the Attorney Motion for Continuance/Motion to Transfer Venue 5 February 6, 2013 1 General's office. 2 THE COURT: And would you spell your last 3 name for the record? 4 MS. OSAZE-EDIAE: O-S-A-Z-E, hyphen, 5 E-D-I-A-E. 6 THE COURT: All right. 7 And, Mr. Enriquez, you are proceeding pro 8 se; is that correct? 9 MR. ENRIQUEZ: Yes, ma'am. I'm here at 10 the Michael Unit up in Anderson County. 11 THE COURT: Okay. All right. All right. 12 Ms. Thaler [sic], do you have a copy of your motion for 13 the Court? 14 MS. OSAZE-EDIAE: Yes, I do, Your Honor. 15 THE COURT: Could you bring that to me, 16 please? 17 MS. OSAZE-EDIAE: I have a handwritten 18 note on it . 19 THE COURT: All right. My understanding 20 is this is your defendant's motion; is that correct? 21 MS. OSAZE-EDIAE: Yes, Your Honor. 22 THE COURT: All right. Counsel, you may 23 proceed. 24 MR. ENRIQUEZ: Judge, may I interpose a 25 motion for continuance right here? Motion for Continuance/Motion to Transfer Venue 6 February 6, 2013 1 MS. OSAZE-EDIAE: May I respond to that, 2 Your Honor? 3 THE COURT: Hold on. Hold on. 4 Mr. Enriquez, have you filed a written 5 motion for continuance? 6 MR. ENRIQUEZ: Well, I mailed it. Do you 7 want the grounds? But I "did send the motion in. 8 THE COURT: Okay. You did. 9 Let me just pull it up. Let's see, hold 10 on, Mr. Enriquez. I need to pull up the docket sheet, 11 okay? 12 All right. So it was sent to the Court, 13 as well as to counsel? 14 MR. ENRIQUEZ: Yes, yes, I did it. It was 15 a simple request for continuance because I was just 16 notified of this hearing about two weeks ago, something 17 like that . 18 THE COURT: All right. I will let — let 19 me -- Mr. Enriquez, you may go ahead and state your 20 motion for continuance, and then I'll Listen to 21 counsel's position on it. 22 I'm assuming, Counsel, you're opposing the 23 continuance ? 24 MS. OSAZE-EDIAE: Yes, Your Honor. 25 THE COURT: Okay. Motion for Continuance/Motion to Transfer Venue 7 February 6, 2013 1 • MS. OSAZE-EDIAE: I did not receive a copy 2 of that. 3 THE COURT: All right. But I'll let 4 Mr. Enriquez state his motion for continuance. 5 Let me see if I see it. 6 ,MR. ENRIQUEZ: It was just sent last --. we 7 had a hearing here last week, and I just mailed it then. 8 THE COURT: I don't see it. Do you have 9 the date that you sent it? 10 MR. ENRIQUEZ: I believe the hearing was 11 on last Tuesday, I believe it was. . 12 MS. OSAZE-EDIAE: No. It was 13 February 1st, which was last Friday. 14 THE COURT: February 1st. 15 MR. ENRIQUEZ: Okay. That's right. 16 THE COURT: I only see some — let's see. 17 I don't see anything scanned or in the Court's file as 18 it relates to a motion for continuance. But let me -- 19 I'll let you state your motion for the record. Go 20 ahead. But, Counsel, and I'll let her state her 21 position as to not getting it, et cetera. 22 Go ahead, Mr. Enriquez. 23 MR. ENRIQUEZ: Okay. The complaint was 24 filed February 13th, 2012. And the answer and the 25 motion to transfer were filed June 18th, 2012. Motion for Continuance/Motion to .Transfer Venue 9 February 6, 2013 1 I'm entitled to at least a minimum of 14 days' notice of 2 the hearing, because there are certain time limits on my 3 sleeve when I respond to her motion. And now that the 4 hearing is set, that's why I brought that up right away. 5 THE COURT: All right. And your response, 6 Counsel? 7 MR. ENRIQUEZ: That was my first point. 8 THE COURT: Okay. All right. What's your 9 second point? 10 MR. ENRIQUEZ: And the second point is 11 that I need -- from what she's alleging, I need to 12 conduct venue discovery. I'm entitled to a reasonable 13 time to do that. 14 I may not have -- the venue motion does 15 not stop discovery at all. And I'm entitled, at the 16 very minimum, to have venue discovery to defend against 17 her motion and to prepare for a venue -- for a transfer 18 hearing. 19 And those are the two points. 20 THE COURT: All right. 21 MR. ENRIQUEZ: And I contend that the two 22 weeks is not -- it's insufficient time in light of my 23 circumstances to conduct that discovery. 24 THE COURT: . All right. Counsel? 25 MS. OSAZE-EDIAE: Your Honor, defendants Motion for Continuance/Motion to Transfer Venue 10 February 6, 2013 1 oppose this motion for a continuance for two reasons. 2 Excuse me, three reasons. 3 The first reason is that when we had the 4 hearing on February 1st, last Friday, at the conclusion 5 of that hearing, I asked Mr. Enriquez on the record if 6 he received notice and if he was ready to move forward 7 on the motion to transfer venue in this case. He • 8 replied yes. And he said: In fact, you sent me five 9 notices. So I am -- I did receive notice of this 10 hearing, and I'll be ready to proceed on that case. 11 Secondly, Your Honor, I did not receive a 12 motion for continuance. And this is just another 13 stalling tactic on Mr. Enriquez. I have five of his 14 pending lawsuits, and every time we come to a hearing he 15 either does a motion for continuance or a motion to 16 recuse the judge. So this is just another way for him 17 to delay this proceeding to proceed forward in this 18 case . 19 And finally, Your Honor, the Texas Rules 20 of Civil Procedure Rule 87 says except on leave of Court 21 each party is entitled to at least 45 days' notice 6f 22 hearing for the motion to transfer venue. So with leave 23 of the Court, we could have it sooner than 45 days. 24 He was first notified about this hearing 25 at the beginning of January. And then the Court sent Motion for Continuance/Motion to Transfer Venue ^1 February 6, 2013 1 him a letter on January 16th, 2013. And I subsequently 2 did send him three more notices weekly since 3 January 16th. So he has over nearly -- he's had 45 4 days' notice of this hearing. 5 COURT'S ORDER 6 THE COURT: Okay. Motion will be denied. 7 We'll hear the motion for continuance — I 8 mean, the motion to transfer venue. 9 MR. ENRIQUEZ: Okay, Judge, I've got a 10 problem here. The case law I just read says this 11 petition is subject to mandamus. So could we continue 12 now to give me time to apply to the Court of Appeals for 13 a ruling on this decision? To me, the law seems pretty 14 clear. 15 THE COURT: Sir, but the whole thing about 16 it. is that the rule says 45-days, and you'd had 45 days' 17 notice. I will hear the motion to transfer venue. 18 Counsel, you may proceed. 19 MR. ENRIQUEZ: Okay. May I impose one 20 other objection here that we could hear ahead of the 21 motion? And that's that, while the Court has 22 subject-matter jurisdiction over the case, of course, 23 there's certain requirements in the -- in Rule 86 under 24 which her motion is filed that she has not met. 25 And until those requirements are met, the Motion for Continuance/Motion to Transfer Venue 12 February 6, 2013 1 Court really does not even have authority to hear this 2 particular motion. 3 May I address those points real quick? 4 THE COURT: Well, I think -- what would 5 that be? 6 MR. ENRIQUEZ: Well, first of all, her 7 motion is based on a rule.she claims is -- that when a 8 party is -- have you got a motion before you? 9 THE COURT: I just got it. 10 What I would like to do is I will allow 11 you to make those objections at the time you respond to 12 the motion to transfer venue. So, Mr. Enriquez, you 13 will have that opportunity to state your objections to 14 procedure on the motion to transfer venue, as well as 15 any response you may have to the motion. 16 Counsel, you may proceed on your motion to 17 transfer venue. 18 MS. OSAZE-EDIAE: Yes, Your Honor. 19 The defendants bring this motion for two 20 main reasons. 21 One, under the Civil Practice & Remedies 22 Code, Section 15.014, there is a mandatory venue 23 provision that says -- and if I may quote it directly, 24 Your Honor. It says -- excuse me, Section 15.019. It 25 says, "An action that occurred while the plaintiff was Motion for Continuance/Motion to Transfer Venue 13 February 6, 2013 1 housed in a facility operated by or under a contract 2 with TDCJ shall be brought in the county where the 3 facility is located." 4 The actions that Mr. Enriquez is 5 complaining of, which are that he is being discriminated 6 against at the Michael Unit, racially discriminated 7 against in rehab programs, job assignments, housing 8 assignments, et cetera, all occurred at the Michael . 9 Unit . 10 The Michael Unit is in Tennessee Colony, 11 Texas, which is in Anderson County. Therefore, this 12 case should be in Anderson County and not Travis County. 13 Secondly, Mr. Enriquez presents no reasons 14 as to why that this litigation lawsuit would fall under 15 the one exception, which is Section 15.014 of the Civil 16 Practice & Remedies Code that states if you're doing an 17 action for mandamus on the head of an agency, then that 18 is brought in Travis County. 19 He does not meet the requirements of 20 that -- of a mandamus here. He is bringing a civil 21 action suit for discrimination and basically is alleging 22 that the employees, the prison guards in other -- that 23 Michael Unit employees are discriminating against him. 24 Those actors and the events occurred both 25 at the Michael Unit in Anderson County. So, therefore, Motion for Continuance/Motion to Transfer Venue 14 February 6, 2013 1 we ask this Court to grant defendant's motion to 2 transfer venue to Anderson County. 3 THE COURT: All right. Mr. Enriquez, now 4 I will listen to your procedural objections to the 5 motion to transfer venue, as well as your response to 6 that motion. 7 MR. ENRIQUEZ: May I proceed first on the 8 procedural objection? 9 THE -COURT : Sure . 10 MR. ENRIQUEZ: Okay. Now, first, I've 11 been to several of these hearings. The problem is, 12 Judge -- that I have,-is that office of the Attorney 13 General never quite tells the Court the whole truth and 14 never quite gives the Court the whole law. 15 Now, Rule 86 is pretty clear. They have 16 to provide the law which is basis of their motion. And 17 here the law that they provide is only partially 18 provided. 19 The law has three prongs. The first one 20 is that -- the motion, it says that: Their motion shall 21 state that the action shall.be transferred to another 22 specific county of proper venue. In this case, they say 23 Anderson County. And they give that. 24 Now, the reasons they give under the 25 statute is that my cause of action accrued here in Motion for Continuance/Motion to Transfer Venue 15 February 6, 2013 1 Anderson County. Which, again, it's fine. But they do 2 not tell you -- they only provide -- that's the one 3 section of the law that they quoted. They do not give 4 you the savings clause. 5 The savings clause' of the motion of 6 which -- of the statute on which they relied for a 7 transfer of venue is that -- this is a statute that was 8 added in 1995. 9 And then Section 10(a) of the savings 10 clause under that statute, which I did not give to you, 11 but which I just read, here in the law library, I want to 12 quote it to you. 13 This act applies only to a cause of action 14 that accrues on or after the effective,date of this act. 15 An action that accrued before the effective date of this 16 act is governed by the law applicable to the action as 17 it existed immediately before the effective date of this 18 act and that law is continued in effect for that 19 purpose. 20 Now, that's very, very clear. This 21 statute applies only to acts that occurred after 1995. 22 What she does, Judge, is she takes my 23 complaint and somehow miraculously transfers what I 24 said, and it starts on -- she gives -- she cites three 25 pages, 3 to 5. And I mainly state -- on the facts I say J Motion for Continuance/Motion to Transfer Venue ]_ g February 6, 2013 1 that -- very clear -- Paragraph 8 says, "Plaintiff is of 2 Hispanic extraction and he is currently a prisoner 3 detained by the defendants at the Michael Unit of the 4 TDCJ." 5 I'm simply stating a fact of why I'm 6 confined. I then proceed and state in Paragraph 9, 7 "Defendant predecessors in the 1970s operated racially 8 segregated prisons in violation of the State and Federal 9 Constitution." That's some 30 years or so before 1995. 10 And then I go: Nothing in the facts of my 11 complaint -- my complaint is based on a policy that was 12 in existence or that accrued before 1995. That's when 13 this -- when these people authorized their wardens to 14 segregate their races, to discriminate by statute, 15 that's when my cause of action accrued. 16 THE COURT: Well, let me ask you this -- 17 MR. ENRIQUEZ: And it goes forward. 18' THE COURT: Let me ask you a question, 19 Mr. Enriquez, just for the Court's — so that I can 20 follow you . ;21 How long have you been at the unit? 22 MR. ENRIQUEZ: At this unit, I've been 23 here several — four times, Your Honor. I was first 24 here in 1987. 25 Then I returned in 1999, I believe. Then Motion for Continuance/Motion to Transfer Venue 17 February 6, 2013 1 I was transferred again. And I came back in 2000 or so. 2 Then I was transferred again. I came back here in 2003. 3 This is not the only unit I'm at. But for 4 the purposes of my complaint, it is a policy -- it is a 5 complaint against the policy. 6 And for the purposes of the venue motion, 7 everything in my complaint must be accepted as true. 8 I mean, my cause of action is 9 automatically accepted when it is considered under the 10 venue statute. We can't argue the merits of my cause of 11 action. 12 What I say here is what governs the 13 decision to make the venue decision. So the statute 14 that she quotes simply, on my pleaded facts, does not 15 apply. 16 Now, later on if she wants to do something 17 to dismiss that for whatever she reason she might have, 18 that's fine. But she cannot do it on the venue issue. 19 This venue stands or falls on my pleaded facts. Where 20 she filed that motion, they will accept it. And then 21 they must be accepted as true. 22 Now, so my first procedural point is that 23 the statute does not apply to me, does not apply to this 24 lawsuit. There is nothing in those facts that 25 specifically say that what I'm complaining is about what Motion for Continuance/Motion to Transfer Venue ]_; February 6, 2013 1 happened at the Michael Unit, because the decision to 2 segregate the races, the decision is to discrimination 3 against Hispanics, the decisions of who they hire and 4 did' not hire are not necessarily made on this unit. 5 They are made at headquarter, or whoever the people that 6 I sued are located or headquartered. 7 So, for that very reason, she is asking 8 you to do something that you do not have authority to 9 do. She has not pleaded the fact that she needs to 10 plead in her venue motion to give this Court authority 11 to transfer this case to Anderson County here. 12 And now, the other thing is that she 13 claims in her motion that I am housed in Anderson 14 County. Well, that's fine. 15 But just because I'm housed here does not 16 automatically mean that they can use it to get venue in 17 Anderson County. 18 They first have to do something that 19 they've always tried to avoid to do in these cases, and 20 that's -- if they want to say that I'm housed here, they 21 also have to say that I'm legally housed here. Of 22 course, I'm not saying that I would have had a fair 23 trial or not, but they've got to prove something that 24 I'm lawfully confined here. And by that is just a 25 judgment. They have to at least produce a judgment Motion for Continuance/Motion to Transfer Venue 19 February 6, 2013 1 saying, Well, we've got him lawfully confined in there, 2 and he's properly there in Anderson County. 3 Now, they have not done that on this 4 motion -- on this venue motion. They have to be pretty 5 specific as to what they claim. 6 I am specifically denying that they have a 7 judgment that authorizes them to confine me in the TDC. 8 Now, they may have. And if they have, they should 9 produce it. 10 But until they produce it, they can't just 11 take advantage of an illegal act to bar a suit in a 12 particular county. 13 Now, it's a very simple thing to do. You 14 haven't given me the opportunity for discovery. But 15 they have not produced anything to say that I'm lawfully 16 confined here. Just because I'm in TDC doesn't mean 17 it's a fact that I'm here, that I'm here legally, or 18 that they can use it against me. They have to provide 1.9 you with some proof, and this, they have not done. 20 The motion for that reason is also 21 defeated because I do not fit the facts that they need 22 to prove to establish that I am legally confined here. 23 As I said, they don't have to have a new 24 trial, but they do have to have at least a judgment or a 25 sentence or something that says that they're authorized Motion for Continuance/Motion to Transfer Venue 20 February 6, 2013 1 to hold me here in prison. Now, that's my second point 2 there. On the procedural aspects of it. 3 Do you want to make a decision on that now 4 so I can proceed to the other stuff or — 5 THE COURT: No. Just go to the substance. 6 MR. ENRIQUEZ: Okay. The substance is 7 that -- well, it's pretty basic, really. My lawsuit has 8 been, as it states there, it's against the policy at TDC 9 that they started before I got here, when I got here in 10 prison, by statute. They segregated the races. 11 MS. OSAZE-EDIAE: Objection, Your Honor. 12 MR. ENRIQUEZ: They discriminated against 13 Hispanics. Wouldn't let them into -- 14 THE COURT: Hold on, Mr. Enriquez. I've 15 got an objection. I need to — 16 What is your objection? 17 MS. OSAZE-EDIAE: My objection is that 18 he's going to the merits of this lawsuit. This is 19 strictly just for the transfer of venue. 20 THE COURT: And that's what I want you to 21 address, Mr. Enriquez. And perhaps you misunderstood 22 me . 23 MR. ENRIQUEZ: Okay. 24 THE COURT: I want you to address the 25 substance of the motion to transfer venue, not the Motion for Continuance/Motion to Transfer Venue 21 February 6, 2013 1 underlying case. 2 MR. ENRIQUEZ: Well, I guess I'm going to 3 rely on my procedural points because I'm not -- well, I 4 guess the substance would be that they have 5 misrepresented to you that I'm pleading a cause of 6 action which occurred after this 1995. When the truth 7 is, as you can see from my complaint, that my cause — 8 that I am pleading a cause of action which accrued in 9 1972, when the statute directed that the segregation of 10 the races, specific discrimination against Hispanics. 11 So my complaint is that -- my complaint 12 pleads cause of action which accrued long before the 13 statute. That's my merits argument here on this. 14 And that there's nothing -- of course, 15 there's nothing in these facts suggesting -- I just 16 happen to be here at the Michael Unit, but I'm 17 transferred to several .units. I mean, I go from unit to 18 unit whenever they want to move me. So my complaint is 19 systemic over what started years ago and which has not 20 yet been addressed. 21 Have I made myself clear to you on that 22 point ? 23 THE COURT: Yes, sir. 24 MR. ENRIQUEZ: Okay. 25 THE COURT: Okay. Anything else? Motion for Continuance/Motion to Transfer Venue 22 February 6, 2013 1 MS. OSAZE-EDIAE: Yes, Your Honor. 2 MR. ENRIQUEZ: No, that's all, just the 3 procedurals and that particular point under which I rely 4 for the -- from the pleading that I have made. 5 And I would like to remind the Court that 6 their motion to transfer venue is not supported by any 7 affidavit or by any supporting documents. They just have a bare bones claim made not by the defendants themselves, but by their attorney, which I don't think 10 can -- I don't think she can testify or file an 11 affidavit for any facts, except -- I mean, she's the 12 lawyer. She's not the plaintiff or the defendant. 13 THE COURT: All right. 14 MR. ENRIQUEZ: And I guess that's it. 15 THE COURT: All right. How do you 16 pronounce it again? 17 MS. OSAZE-EDIAE:. Osaze-Ediae. But 18 everyone just calls me Ediae. 19 THE COURT: All right. Ms. Ediae. 20 MS. OSAZE-EDIAE: Thank you, Your Honor. 21 THE COURT: All right. 22 MS. OSAZE-EDIAE: Just briefly, Your 23 Honor, to reply to two of the things that Mr. Enriquez 24 said. 25 As far as being legally housed with TDCJ, Motion for Continuance/Motion to Transfer Venue 23 February 6, 2013 1 nothing in the mandatory provision in the Civil 2 Practices & Remedies Code for inmate litigation states 3 that we have to prove whether or not he's legally 4 housed. 5 The statute, which is mandatory, says 6' that, "In a facility operated by or under contract with 7 TDCJ shall be brought in the county in which the 8 facility is located." 9 So wherever that plaintiff is housed. It 10 does not go into anything about if he's legally housed 11 there are or anything about his judgment. It's just 12 where he is located and if that action occurred there. 13 Secondly, Mr. Enriquez just test -- or 14 just put on the record, and I'm not sure -- he didn't 15 testify, but he just put on the record that he's been at 16 the Michael Unit since 2003. So, for nearly a decade 17 all of the discrimination has occurred at the Michael 18 Unit where we are saying this action has occurred. 19 For things prior to 1960, Mr. Enriquez 20 cannot say for a fact that discrimination is now 21 occurring at those previous units. 22 It's been nearly 40 years since he's been 23 at the other units that he's alleging. He didn't put 24 any units in his petition. 25 So we are saying that for the basis of his Motion for Continuance/Motion to Transfer Venue 24 February 6, 2013 1 complaint that he has personal knowledge of are the 2 actions that have occurred at the Michael Unit. He has 3 been there for nearly a decade. And the Michael Unit is 4 located in Anderson County. 5 THE COURT: All right. 6 MR. ENRIQUEZ: Thank you, Your Honor. 7 COURT'S ORDER 8 THE COURT: Okay. Counsel, and 9 Mr. Enriquez, it appears from Civil Practice & Remedies 10 Code that the legislature intended that any litigation 11 brought by an inmate will be brought in the county in 12 which the facility is located. 13 And with one exception. . And, 14 Mr. Enriquez, you don't fall within that exception. 15 So the Court will grant the motion to 16 transfer venue. 17 Do you have — 18 MR. ENRIQUEZ: One point of information, 19 when did she say that she gave me notice of this or that 20 she provided notice? I missed it. Is that the one in 21 January? 22 THE COURT: January 16th, I think the 23 Court sent it to you, and then she also provided it to 24 you. 25 MR. ENRIQUEZ: January 16th, okay. Thank Motion for Continuance/Motion to Transfer Venue 25 February 6, 2 013 1 you . 2 THE COURT: Yes. Yes, sir. 3 All right. Do you have an order? 4 MS. OSAZE-EDIAE: Yes, Your Honor. 5 THE COURT: Let me have that. 6 And then if you'll send -- yes, if you'll 7 send a file stamped copy too Mr. Enriquez, please. 8 MR. ENRIQUEZ: Yes, Your Honor. 9 THE COURT: Mr. Enriquez, I.have signed an 10 order which sustains or grants the motion to transfer 11 and transferred from Travis County to Anderson County. 12 And she will file stamp this order and 13 send you a copy. All right? 14 MS. OSAZE-EDIAE: Thank you, Your Honor. 15 MR. ENRIQUEZ: Yes, ma'am. 16 THE COURT: All right, Mr. Enriquez. That 17 will take care of it. You are excused, both of you. 18 MS. OSAZE-EDIAE: Thank you, Your Honor. 19 MR. ENRIQUEZ: Okay. Thank you, ma'am. 20 Goodbye. 21 THE COURT: Bye-bye. 22 (End of Proceedings.) 23 24 25 26 1 STATE OF TEXAS ) ) 2 COUNTY OF TRAVIS ) 3 I, Dora M. Canizales, Official Court Reporter in and 4 for the 419th District Court of Travis, State of Texas, 5 do hereby certify that the above and foregoing contains 6 a true and correct transcription of all portions of 7 evidence and other proceedings requested in writing by counsel for the parties to be included in this volume of the Reporter's Record in the above-styled and numbered 10 cause, all of which occurred in open court or in 11 chambers and were reported by me. 12 I further certify that this Reporter's Record of the 13 proceedings truly and correctly reflects the exhibits, 14 if any, offered by the respective parties. 15 I further certify that the total cost for the 16 preparation of this Reporter's Record is $ 150 and will 17 be paid by the Office of the Attorney General. 18 WITNESS MY HAND on this the 24th day of November, 19 2014. 2 0 /S/Dora M. Canizales Dora M. Canizales, CSR #5360 21 Official Court Reporter 419th District Court 22 Travis County, Texas 1000 Guadalupe, Room 325 23 Austin, Texas 78701 Telephone: 512-854-9329 24 Expiration: 12/31/2015 25