August 13, 2015
CAUSE NO: 03-14-00665-CV
DRAKE § THIRD COURT OF APPEALS
§
Appellant §
VS §
§
KASTL ET AL §§ AUSTIN, TEXAS
Defendants
APPELLANT'S MOTION TO RECUSE AND DISQUALIFY
JUSTICES JEFF ROSE. DAVID PURYEAR. AND MELISSA
GOODWIN AND REQUESTS FOR RECONSIDERATION FOR
ORAL ARGUMENTS IN THE ABOVE NUMBERED APPEAL
TO HONORABLE SAID JUSTICES:
COMES NOW, Appellant, Eric Drake and respectfully requests that
Justices Jeff Rose, David Puryear, and Melissa Goodwin of this Court,
recuse themselves from the above causes.
1. Appellant files this motion at least ten days before this case is
set for an oral argument, decision on submission, or a hearing of any kind.
2. It is Appellant's opinion that he cannot obtain a fair and non-
partial judgment or hearing from Justices Jeff Rose. At one time he was an
assistant Attorney General. The majority of the assistant Attorney Generals
has been corrupt that the Plaintiff has had any dealings with in the past. Thus
/
the Plaintiff does not believe he can trust Justice Rose not to be bias towards
him, because an attorney general has committed a felony crime in declaring
the Plaintiffas a vexatious litigantconnection with the above appeal.
3. Plaintiff also objects to and recuses Justice Melissa Goodwin,
because the Plaintiff pled in his brief about the corruption in the Travis
County District court. Plaintiff believes that it is reasonable that Justice
Goodwin have white friend judges who are presiding at the Travis County
civil district court—thus, she may be reasonably bias towards the Plaintiff.
4. Finally, the Plaintiff also objects to and recuses Justice David
Puryear, because he at one time was an assistant Attorney General and it
would be reasonable that he would be bias towards the Plaintiff, and because
an attorney general has committed a felony crime in declaring the Plaintiff
as a vexatious litigant. The Plaintiff objects to these judges having any part
in the above entitled, styled, and numbered cause of action..
5. The due process clauses of both the Texas and the United States
Constitutions guarantee a party an impartial and disinterested tribunal in
civil cases. Metzger v. Sebek, 892 S.W.2d 20, 37-38.
6. Appellant see's no possible chance in having a fair opportunity
to have his cases reviewed by the justices named herein on an impartial
basis. The Court has denied oral arguments and the Plaintiff objects and
requests for it to reconsider. Plaintiff believes that the Court has denied oral
arguments because of the Appellant's race, African-American and because
he is not a lawyer.
7. Therefore, Justices Jeff Rose, Justice Melissa Goodwin, and
Justice David Puryear should be recused from hearing or acting on any parts
of the above causes of actions, because of the possibility of impartiality is
highly improbable. Appellant does not believe he is capable of obtaining a
fair judgment from any of the justices listed herein. In re M.C.M., 57 S.w.3d
27,33 (Tex. App—Houston [1st Dist] 2001, pet. Denied).
8. In addition, Appellant will be deprived of a fair trial in violation
of the due process clauses of both the state and federal constitutional rights
because Justices Jeff Rose, Justice Melissa Goodwin, and Justice David
Puryear impartiality might reasonably be questioned. Woodruffv. Wright, 51
S.W.3d 727, 735-36 (Tex. App.-Texarkana 2001).
9. The inquiry the court must make is whether a reasonable
member of the public, knowing all the facts in the public domain, would
have a reasonable doubt that Jeff Rose, Justice Melissa Goodwin, and Justice
David Puryear is actually impartial. Sears v. Olivarez, 28 S.W.3d 611, 613.
10. Appellant wishes to disqualify those justices who he has named
in the motion to recuse and further litigation will be filed against them.
11. Therefore, Appellant Eric Drake respectfully requests that
Justices Jeff Rose, Justice Melissa Goodwin, and Justice David Puryear be
recused from this appeal and disqualify themselves from the above entitled,
numbered and styled causes of actions.
Respectfully submitted,
Eric Drake
PO Box 833688
Richardson, Texas 75083
214-477-9288
CERTIFICATION OF SERVICE
I HEREBY certify that a true and correct copy of the foregoing
document has been delivered to the opposing attorneys of record via US
Mail orHand Delivered on this the /^>-qay ofAugust 2015.
Eric Drake
VERIFICATION
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned Notary Public personally appeared, Eric Drake
pro se, who being by me duly sworn upon oath deposed and said that he is the Petitioner
in the above entitled and numbered cause; that he has read the above and foregoing
motion; and that every statement contained herein is within his personal knowledge, true
and correct.
Eric Drake
Subscribed and sworn to before me on th&_2 day of August, 2015, to
certify which witness and official seal.
AAdkAi *,*> +
GENETTE WHEELER
My Commission Expires \am±j^ r>l
February 25.2018 NOTARY PUBLIC IN AND FOR THE
**m^*m STATE OF TEXAS
My Commission Expires:, j^. as, v>i r
CERTIFICATION OF CONFERENCE
Appellant attempted to conference with counsel representing the
Appellee regarding this motion. However, the Appellees counsel has been
constantly ignorant and will not respond to the Appellant's requests to
conference on account of his race, African-American or black.
Eric Drake