Chase Carmen Hunter v. Texas Department of Insurance and David Mattax, in His Official Capacity as Commissioner of Insurance

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ACCEPTED 03-14-00737-CV 7681882 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/4/2015 2:02:25 PM JEFFREY D. KYLE CLERK No. 03-14-00737-cv FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS _____________________________________ 11/4/2015 2:02:25 PM JEFFREY D. KYLE IN THE THIRD COURT OF APPEALS Clerk AUSTIN, TEXAS _____________________________________ CHASE CARMEN HUNTER, APPELLANT v. DAVID MATTAX IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF INSURANCE AND THE TEXAS DEPARTMENT OF INSURANCE, APPELLEES ORIGINAL VERIFIED MOTION TO PROCEED IN FORMA PAUPERIS PURSUANT TEXAS RULE OF APPELLATE PROCEDURE RULE 20 ET SEQ. 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 TO THE HONORABLE JUSTICES OF THIS COURT: The above-named Appellant, herein referred to as "Hunter", hereby files this Original Verified Motion To Proceed In Forma Pauperis and would respectfully show the Court as follows: Hunter incorporates by reference her Supplement To Appellant’s Brief (filed on October 29, 2015) and her Second Supplement To Appellant’s Brief (filed on November 3rd or 4th, 2015.) The underlying court record shows that there are gross errors and inconsistencies and Hunter discovered, inter alia, that: 1) There is no notice of court setting dated in June 2014 or any other time, 2) There is no dismissal order dated August 25, 2014, or any other time in the record shown at https://courts.co.travis.tx.us/CCO/ which Travis County Texas District Court (“TCTDC”) calls “Civil Courts Online” or “CCO”, 3) The clerk of the underlying court (“TCTDC Clerk”) erroneously filed Hunter’s Motion To Reinstate (September 2014) as a “Notice of Appeal”, and 4) There is no “contest” filed by the Appellees to Hunter’s ORIGINAL VERIFIED MOTION TO PROCEED ON APPEAL IN FORMA PAUPERIS PURSUANT TEXAS RULE OF APPELLATE PROCEDURE RULE 20 ET SEQ. which Hunter filed with the TCTDC Clerk on November 24, 2014. Therefore, the order entered by the underlying court which sustained the Appellees’ “contest” is void because the underlying court could not have granted the Appellees’ requested relief if it never received the Appellees’ request for relief unless it did so without regard for Hunter’s Due Process rights. In addition, please, be advised of the facts of TCTDC cause D-1-GN-13002576 which was filed within about 30 days of the underlying cause which also includes Hunter’s request to proceed without prepayment of fees. And such request in TCTDC cause D- 1-GN-13002576 was not contested by the adverse parties or by the TCTDC Clerk; and after about 28 months of delays inflicted by the TCTDC Clerk, the TCTDC Clerk finally issued citations and served the adverse parties with process. If Hunter’s indigency status was not contested in D-1-GN-13002576, such a denial of the status in this appeal is arbitrary. Both causes arise from the same events and include the same affidavits of indigency. Therefore, in light of these facts, Hunter asks for leave to appeal without prepayment of fees and to proceed in forma pauperis. Hunter’s Affidavit in support of this motion is attached hereto. Respectfully Submitted, Chase Carmen Hunter Appellant, pro se 340 S. Lemon 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. __________________ 11/04/2015 Chase Carmen Hunter CERTIFICATE OF CONFERENCE I, Chase Carmen Hunter, certify that I conferred with the adverse parties many times in writing and they have refused to respond. __________________ 11/04/2015 Chase Carmen Hunter CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ORIGINAL VERIFIED MOTION TO PROCEED IN FORMA PAUPERIS PURSUANT TEXAS RULE OF APPELLATE PROCEDURE RULE 20 ET SEQ. was served upon the parties shown below as indicated Cynthia A. Morales, Assistant Attorney General By Efile on 11/04/2015 Cynthia.Morales@texasattorneygeneral.gov Facsimile: (512) 477-2348 Velva L. Price Clerk of Travis County Texas District Court By Efile on 11/04/2015 Chase Carmen Hunter 400 888 500 1288 900 11/03/2015 Both houses are fully Virginia public officials encumbered by have literally stolen this mortgages and the 99,000 house from me and denied fraudulent judgment me rental income since shown on the last page 12/2014. But there is still a mortgage on it that I am paying. 11/3/2015 11/03/2015 11/03/2015