John Henry Boykin v. Cynthia Tauss, Lynn Ruzicka, and Federico Rangel

FJtkDlN 'ST COURT OF APPEALS HOUSTON, TEXAS SEP 212015 CHRISTOPHER A. PRINE CLERK IN THE FIRST COURT OF APPEALS - TEXAS FILED IN 1ST COURT OF APPEALS NO. 01-15-00413 - CV. HOUSTON. TEXAS OCT 26 2015 CHRISTOPHER A. PRINE JOHN HENRY BOYKIN, Appellant, CLERK VS. C. TAUSS, L. RUZICKA, F. RANGEL; MEMBERS OF TEXAS BOARD OF PAROLES, IN THEIR INDIVIDUAL CAPACITIES, Appellees. "PETITION FOR APPELLATE REVIEW" FROM THE 412TH DISTRICT COURT BRAZORIA COUNTY, TEXAS HON. DENMAN, JUDGE CAUSE NO. 81239 - I SUBMITTED BY, JOHN HENRY BOYKIN, PRO SE APPELLANT Ramsey One Unit 1100 F.M. 655 ('-- ::-} Rosharon, Texas 77583 TABLE OF CONTENTS PAGE NUMBER STATEMENT OF FACTS 1. STATEMENT OF PROCEDURAL HISTORY 1. ISSUES PRESENTED FOR APPELLATE REVIEW 2. ARGUMENT 2.-4. CONCLUSION 4. PRAYER 5. CERTIFICATE OF SERVICE 5. INDEX OF AUTHORITIES Texas Government Code §508.145(d)(1); 1.-5. U.S. Constitution Amendments 8 and 14; 1^£4. LIST OF PARTIES 1. JOHN HENRY BOYKIN, PRO SE Appellant; Ramsey One Unit; 1100 F.M. 655, Rosharon, TX. 77583. 2. C. TAUSS, L. RUZICKA, F. RANGEL; MEMBERS OF THE TEXAS BOARD OF PAROLES, IN THEIR INDIVIDUAL CAPACITIES, Appellees;. 1212 N. Velasco, Suite 201; Angelton, Texas 77515. App&a* &J-* (ii.) FIRST COURT OF APPEALS - TEXAS NO. 01-15-00413-CV. PRO SE APPELLANT'S BRIEF Now into Court Comes, JOHN HENRY BOYKIN, PRO SE Appellant, who respectfully exercises his Statutory Right to seek Appellate Review for the following reasons: STATEMENT OF THE CASE Appellant contends the Members of the TX Board of Paroles continue to violate his Constitutional Rights protected by the U.S. Const. Amends. - 8 & 14; by refusing to release him from prison via parole, pursuant to TX. Government Code §508.145(d)(1). Appellant avers he has satisfied all the requirements mandated by TX. Government Code §508.145(d)(1); for his release on parole. STATEMENT OF PROCEDURAL HISTORY On April 16, 2015: Appellant's Civil Suit Complaint was Dismissed With Prejudice by the 412TH Judicial District Court, Brazoria County, TX.; Honorable Denman, Judge presiding. On April 29, 2015: Appellant filed a timely Notice Of Appeal and, Affidavit Of Indigence with the 412 District Court; Brazoria County, TX. Finally, Appellant submits this Petition For Appellate Review contending the trial court abused it's discretion by dismissing Appellant's Civil suit without reference to guiding rules or principles. (1.) ISSUES PRESENTED FOR APPELLATE REVIEW Did the trial court abuse it's discretion by dismissing Appellant's Civil Suit without reference to guiding rules or principles? ARGUMENT Appellant contends he has a State Statutory Right to be released from prison via parole. Texas Government Code §508.145 (d)(1) authorizes Appellant's release on parole. Because the trial court has failed to correctly interpret the parole laws mandated by the Government Code and the trial court arbitrarily dismissed Appellant's Civil Suit Complaint without any reference to guiding rules or principles, Appellant contends the trial court abused it's discretion and respectfully request appellate review to remedy this error. TEXAS LEGISLATIVE LAW "Texas Government Code §508.145(d)(1) ; Eligibility For Release On Parole: An inmate serving a sentence for an offense described by Section 3g(a)(1)(A)(C)(D)(E)(F) (G)(H)(1)(J) or (K) Article 42.12, Code of Criminal Procedure or for an offense for which the judgment contains an affirmative finding under Section 3g(a)(2) of that article or for an offense under Section 20(A).03 Penal Code; is not eligible for release on parole until the inmates actual calendar time served - without consideration of good conduct time - equals One-Half of the sentence or 30 calendar years, whichever is less but in no event (2.) is the inmate eligible for release on parole in less than two calendar years." Appellant avers his release on parole is governed by legislative law, because Appellant was convicted and sentenced as a (3g) offender on June 13, 2006. TEXAS LEGISLATIVE INTENT Appellant contends the intent of this Texsas Legislation, pursuant to Government Code §508.145(d)(1) is to award (3g) offenders with a release on parole date, because this law expressively denies all (3g) offenders the right to receive good conduct time credits applied to their subsequent parole review process eligibility date. This Legislative Law clearly and unambiguously authorizes a release on parole date after a (3g) offender has met the requirement of serving One-Half of his prison sentence - without the benefits of good conduct time credits being applied. Appellant's sentence started on November 17, 2004; In compliance with TX. Government Code §508.145(d)(1); Appellant has met his Statutory Requirement for release on parole as of November 17, 2004. Because the Appellees refuse to obey this legislative law, and the trial court has erroneously dismissed Appellant's Civil Suit seeking redress from this Cruel and Unusual Punishment that has continued Appellant's unlawful prison confinement, Appellant petitions this Court Of Appeals for Appellate Review, accordingly. (3.) TRIAL COURT'S ERROR Appellant respectfully contends the trial court abused it's discretion by not following the principles established by TX. Government Code §508.145(d)(1); and for failing to sustain the merits of Appellant's Civil Suit Complaint seeking monetary damages against the Appellees in their Individual Capacities; for violating Appellant's Civil Rights protected by the U.S. Const. Amends. - 8 & 14. CONCLUSION Appellant has a Statutrory Right to be released on parole pursuant to TX. Government Code §508.145(d)(1). Appellant avers his continued, unauthorized prison confinement by the Appellees via their unreasonable actions and their reckless indifference to this legislative law is a violation of clearly established State and Federal Laws - TX. Government Code (Id.) and the U.S. Const., Amends. - 8 & 14. Appellant is seeking monetary damages in the amount of $100.00 PER DAY, STARTING FROM November 17, 2014; and continued until the Appellees comply with the State Law and stop violating Appel lant's Constitutional Rights (Id.). In concluding, Appellant contends the trial court abused it's discretion by dismissing his Civil Suit Complaint without any reference to guiding rules or principles. (4.) PRAYER Appellant PRAYS this Court Of Appeals will reverse the trial court's ruling in Cause No. 81239-1 and award Appellant the monetary damages he is seeking - $100.00 per day until Appellees comply with TX. Government Code §508.145(d)(1); Starting from November 17, 2014. Respectfully Submitted by, t kc/l/J JOHN HENRY BOYKIN,! PRO SE - APPELLANT; Ramsey One Unit; 1100 F.M.655 Rosharon, TX. 77583 CERTIFICATE OF SERVICE I, JOHN HENRY BOYKIN, Pro Se Appellant; certifys that an EXACT ( copy ) of this Appellate Brief has been served on. the Appellees via U.S. Postal Services, Postage Pre-Paid and mailed to: C. TAUSS, L. RUZICKA, and F. RANGEL; 1212 Velaseo, suite 201; Angelton, Texas 77515. Mailed on ^2ef0ge*n}&M< 5-fyk ' <3°ifi yfa /& }£y»c&C^&£" po^tr7-*-f *^*t :'"7fa Mca**' CUtd s£-ef /J^T prwc&L a^ &?/*$ £&**•&'., &rtkes -/& y^ d&uf ofi {trfybf&Tf ^^ t%0/iLe776&e> /2jej?t<&**3 • J^C* /&h^ Se*?£~^73f7772- 7/00 p/h 6p$sr K^Am^f'7&<&f 77^03 IfirstcourI^pTealsI fa***^ "& Tfa/k&Tf, y&sfJktfaef HOUSTON, TEXAS A./ i , ' /!/ ^ SEP 2 12015 If&^TiHn ~7Us