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in Re: Billy Ross Sims
Citation: Not availableDocket: 12-15-00190-CV
Court: Court of Appeals of Texas; July 29, 2015; Texas; State Appellate Court
Original Court Document: View Document
Enclosed is a Petition for Writ of Mandamus submitted by Billy Ross Sims, an incarcerated individual, along with a Motion for Suspension of the Rules and an affidavit of inability to pay costs. The petition is an original proceeding concerning a civil suit filed on February 27, 2015, under the prison mailbox rule. The trial court dismissed Sims' constitutional claims as "frivolous" without a fact-finding hearing on June 30, 2015, prompting Sims to request findings of fact and conclusions of law on July 8, 2015, extending the appeal period to 90 days. Sims argues that the trial court failed to provide a neutral hearing official, which led to the dismissal of legitimate constitutional claims regarding equal protection and violations against the ex post facto law. He asserts that the trial court abused its discretion by labeling his claims as frivolous, imposing costs without jurisdiction, and causing irreparable harm by allowing the seizure of his VA benefits. Sims requests that the appellate court order the district clerk to prepare a free appellate record, asserting that the entire Clerk's Record is necessary for a proper review of the trial court's actions. There was no conference regarding this motion, as the only parties involved are the district clerk and judge, with no service of process on the defendants at this stage. Sims verifies the truthfulness of his claims under penalty of perjury.