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
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9 MOTION FOR CONTINUANCE
10 MOTION TO TRANSFER VENUE
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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.
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Motion for Continuance/Motion to Transfer Venue
February 6, 2013
1 APPEARANCES
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3 JUAN ENRIQUEZ, MOVANT, PRO SE
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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
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Motion for Continuance/Motion to Transfer Venue
February 6, 2013
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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
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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