ACCEPTED
03-14-00737-CV
4378464
THIRD COURT OF APPEALS
AUSTIN, TEXAS
March 5, 2015 3/5/2015 1:23:53 AM
JEFFREY D. KYLE
No. 03-14-00737-cv CLERK
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RECEIVED IN
IN THE THIRD COURT OF APPEALS3rd COURT OF APPEALS
AUSTIN, TEXAS
AUSTIN, TEXAS 3/5/2015 1:23:53 AM
JEFFREY D. KYLE
Clerk
_____________________________________
CHASE CARMEN HUNTER, APPELLANT v. ELEANOR KITZMAN IN HER
OFFICIAL CAPACITY AS COMMISSIONER OF INSURANCE, JULIA RATHGEBER
IN HER OFFICIAL CAPACITY AS COMMISSIONER OF INSURANCE, AND THE
TEXAS DEPARTMENT OF INSURANCE, APPELLEES
REQUEST PURSUANT TEXAS RULE OF APPELLATE PROCEDURE 10.3(b)
AND OBJECTION TO THE CLERK’S LETTERS DATED MARCH 2, 2015, AND
MARCH 4, 2015, WHICH DENY, IN PART, AND IN FULL, RESPECTIVELY,
HUNTER’S MOTION TO EXTEND THE FILING DATE OF HER MOTION FOR
REVIEW OF TRIAL COURT’S ORDER DATED FEBRUARY 19, 2015,
SUSTAINING CONTEST TO MOTION TO APPEAL IN FORMA PAUPERIS
From Cause D-1-GN-13001957 In The 250th District Travis County,
Texas, The Honorable John K. Dietz Presiding
Chase Carmen Hunter, pro se
340 S. Lemon Ave. #9039
Walnut, CA 91789
Telephone: 707-706-3647
Facsimile: 703-997-5999
Chase_Hunter@yahoo.com
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CERTIFICATION.
I, Chase Carmen Hunter, state under penalty of perjury
that the following facts and argument are true and
correct.
March 5, 2015
OBJECTION TO THE CLERK’S LETTERS DATED MARCH 2, 2015,
AND MARCH 4, 2015
The Appellant, herein referred to as “Hunter”, filed
a motion for a 60-day filing extension with this court
on March 1, 2015. The clerk of this court (“Clerk”)
responded to said motion by sending Hunter a letter on
March 2, 2015, stating that said motion was denied in
part by this court. Hunter objects to her motion being
dispensed with by a letter from the Clerk and not by a
court order.
Hunter filed a motion for a 60-day filing extension
with this court on March 3, 2015. The clerk of this
court (“Clerk”) responded to said motion by sending
Hunter a letter on March 4, 2015, stating that said
motion was denied by this court. Hunter objects to her
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motion being dispensed with by a letter from the Clerk
and not by a court order.
Hunter objects to the Clerk dispensing with Hunter’s
two aforementioned motions in violation of Texas Rule
of Appellate Procedure (“TRAP”) 10.3(a) et seq. These
two motions were not to be heard or determined “until
10 days after the motion was filed”.
For the aforementioned reasons, Hunter requests that
these Clerk’s aforementioned letters be stricken.
TEXAS RULE OF APPELLATE PROCEDURE 10.3(b)
Hunter requests that the two aforementioned motions
be dispensed with by a court order signed by at least
one judge.
Notwithstanding the fact that the two aforementioned
letters sent by the Clerk to Hunter (“Clerk Letters”)
establish that the two aforementioned motions were not
dispensed with by the Court and were only handled by
the Clerk, Hunter requests that the two aforementioned
motions be reconsidered in accordance with TRAP 10.3(b)
in the event that this court believes that the two
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Clerk Letters satisfy minimum guidelines to be
classified as court orders.
Hunter also requests that this court provide a
written explanation establishing the facts and the
applicable law relied upon if this court classifies the
Clerk Letters as court orders.
WHEREFORE, the Appellant requests that the relief
requested be granted.
Respectfully Submitted,
/s/ Chase Carmen Hunter
Chase Carmen Hunter
Appellant, pro se
340 S. Walnut Ave. #9039
Walnut, CA 91789
Tel: 707-706-3647, Fax: 703-997-5999
Email: Chase_Hunter@yahoo.com
CERTIFICATION
I, Chase Carmen Hunter, swear under penalty of perjury
that the foregoing statements are true and correct.
__________________ 3/5/2015
Chase Carmen Hunter
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing Request was served upon the parties shown
below as indicated:
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Cynthia A. Morales
Assistant Attorney General
By Email on March 5, 2015 at
Cynthia.Morales@texasattorneygeneral.gov
Chase Carmen Hunter
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