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DALLAS-DC-23-04417-CLR-VOL001.pdf:
VOLUME 1
Trial Court Cause No. DC-23-04417
Appellate Case No. 05-23-01001-CV
In the 298th District Court of Dallas County, Texas
Honorable EMILY TOBOLOWSKY Judge Presiding
BRYAN COLLIER, Appellant(s)
Vs.
ROBERT WAYNE MITCHELL, Appellee(s)
Appealed To The
Court Of Appeals For The 5'™ District Of
Texas, At Dallas, Texas
Attorney for Appellant(s): OFFICE OF THE ATTORNEY GENERAL LAW
ENFORCEMENT DEFENSE DIVISION
NAME: LUIS A. SUAREZ
ADDRESS: CAPITOL STATION P.O. BOX 12548
AUSTIN, TEXAS 78711-2548
TELEPHONE (512) 463-2120
FAX NO.: (512) 320-0667
E-MAIL ADDRESS. LUIS.SUAREZ@OAG.TEXAS.GOV
SBOT NO.: 24117110
ATTORNEY FOR: DEFENDANT BRYAN COLLIER
Delivered To The Court Of Appeals
For The 5™ District Of Texas,
At Dallas, Texas
On the 11th day of October, 2023
FELICIA PITRE
DISTRICT CLERK
DALLAS COUNTY, TEXAS
By BRITTANY FOREMAN, Deputy District Clerk
Page 1
DC-23-04417
IN THE DISTRICT COURT
ROBERT WAYNE MITCHELL
OF
VS.
TDC, ID, BRYAN COLLIER
DALLAS COUNTY, TEXAS
Document File Date Page
1 COVER 10/11/2023 1-1
2 INDEX 10/11/2023 2-7
3 CAPTION 10/11/2023 8-8
4 DOCKET SHEET 10/11/2023 9-13
| 5 ORIGINAL PETITION APRIL 6, 2023 04/06/2023 14-20
6 PROPOSED JUDGMENT MAY 23, 2023 05/23/2023 21-43
7 NON-SIGNED PROPOSED ORDER MAY 23, 05/23/2023 44-44
| 2023
| 8 MOTION FOR DEFAULT JUDGMENT JUNE 06/09/2023 45- 45
i
9 NON-SIGNED PROPOSED ORDER 06/09/2023 46- 46
| GRANTING MOTION FOR DEFAULT
JUDGMENT JUNE 9, 2023
10 NOTICE OF HEARING JUNE 9, 2023 06/09/2023 47-47
| 1 NOTICE OF DEFICIENCY LETTER 06/16/2023 48-48
| JUNE16, 2023
|
Page 2
| 12 ISSUE CITATION- BRYAN COLLIER 06/26/2023 49
- 50
| JUNE 26, 2023
|
13 MOTION FOR ENLARGEMENT OF TIME 06/26/2023 51-55
JUNE 26, 2023
| 14 AFFIDAVIT OF ROBERT WAYNE 07/31/2023 56
- 69
| MITCHELL, IN SUPPORT OF EX PARTE
| APPLICATION FOR TEMPORARY
| RESTRAINING ORDER JULY 31, 2023
15 NON-SIGNED PROPOSED ORDER/FINAL 07/31/2023 70
- 82
| JUDGMENT GRANTING PERMANENT
INJUNCTION JULY 31, 2023
16 PETITION FOR TEMPORARY 07/31/2023 83-99
RESTRAINING ORDER ANDTEMPORARY
AND PERMANENT INJUNCTION JULY 31,
| 2023
17 NON-SIGNED PROPOSED ORDER/ORDER 07/31/2023 100
- 113
ON APPLICATION FOR TEMPORARY
RESTRAINING ORDER JULY 31, 2023
| 18 WRIT OF INJUNCTION - TRO JULY 31, 07/31/2023 114
- 126
| 2023
19 NON-SIGNED PROPOSED ORDER ON 07/31/2023 127
- 136
APPLICATION FOR TEMPORARY
INJUNCTION JULY 18, 2023
20 PROPOSED WRIT OF TEMPORARY 07/31/2023 137 - 149
| INJUNCTION JULY 31, 2023
| 21 RETURN OF SERVICE EXECUTED 08/01/2023 150
- 152
| CITATION-BRYAN COLLIER AUGUST 1,
2023
22 NON-SIGNED PROPOSED ORDER 08/03/2023 153
- 153
GRANTING MOTION FOR DEFAULT
JUDGMENT AUGUST 3, 2023
23 NOTICE OF HEARING AUGUST 3, 2023 08/03/2023 154
- 154
Page 3
24 MOTION - DEFAULT JUDGMENT 08/03/2023 155-171
AUGUST 3, 2023
25 SIGNED ORDER - TEMPORARY 08/07/2023 172
- 185
| RESTRAINING AUGUST 7, 2023
| 26 AFFIDAVIT MILITARY STATUS 08/03/2023 186
- 191
| DECLARATION AUGUST 3, 2023
27 NOTICE OF APPEARANCE OF COUNSEL 08/18/2023 192
- 192
| AUGUST 18, 2023
28 NON-SIGNED PROPOSED 08/18/2023 193
- 195
| ORDER/TEMPORARY INJUNCTION
| AUGUST 18, 2023
| 29 NOTICE OF APPEARANCE OF COUNSEL 08/18/2023 196
- 196
| AUGUST 18, 2023
30 PLAINTIFF'S FIRST AMENDED PETITION 08/18/2023 197 - 204
| AND SUPPLEMENTAL APPLICATION FOR
| TEMPORARY RESTRAINING ORDER AND
REQUEST FOR TEMPORARY INJUNCTION
AUGUST 18, 2023
31 PLAINTIFF'S SUPPLEMENTAL FIRST 08/18/2023 205 - 206
AMENDED PETITION AND SUPPLEMENTAL
APPLICATION FOR TEMPORARY
| RESTRAININGORDER AND REQUEST FOR
| TEMPORARY INJUNCTION AUGUST 18,
| 2023
32 NON SIGNED ORDER GRANTING 08/21/2023 207 - 208
| TEMPORARY RESTRAINING ORDERAND
| ORDER SETTING HEARING ON
| PLAINTIFF'S APPLICATION
| FORTEMPORARY INJUNCTION AUGUST 21,
| 2023
33 ORDER GRANTING TEMPORARY 08/21/2023 209
- 210
RESTRAINING ORDER 'AND ORDER
SETTING HEARING ON PLAINTIFF'S
| APPLICATION FOR TEMPORARY
Page4
INJUNCTION AUGUST 21, 2023
34 DEFENDANTS ' MOTION TO DISSOLVE 08/30/2023 211-215
THE TEMPORARY RESTRAINING ORDER
AUGUST 30, 2023
35 NON-SIGNED PROPOSED ORDER/ 08/30/2023 216-217
DEFENDANT'S MOTION TO DISSOLVE THE
| TEMPORARY RESTRAINING ORDER
| AUGUST 30, 2023
36 DEFENDANTS ' OPPOSITION TO 09/06/2023 218
- 228
PLAINTIFF'S APPLICATION FOR
TEMPORARY INJUNCTION SEPTEMBER 6,
| 2023
37 NON-SIGNED PROPOSED 09/06/2023 229 - 230
ORDER/DEFENDANTS ' OPPOSITION TO
PLAINTIFF'S APPLICATION FOR
TEMPORARY INJUNCTION SEPTEMBER 6,
2023
38 RETURN OF SERVICE SEPTEMBER 7, 09/07/2023 231 - 233
| 2023
Page 5
| 39 PLAINTIFF'S RESPONSE TO 09/07/2023 234 - 238
DEFENDANTS' OPPOSITIONTO PLAINTIFF'S
APPLICATION FOR TEMPORARY
INJUNCTION SEPTEMBER 7, 2023
|
|
40 DEFENDANT'S REPLY TO PLAINTIFF' s 09/08/2023 239
- 251
RESPONSE TO DEFENDANT'S OPPOSITION
TOPLAINTIFF 'S APPLICATION FOR
| TEMPORARY INJUNCTION SEPTEMBER 8,
| 2023
|
| 41 DEFENDANT BRYAN COLLIER'S 09/25/2023 252 - 257
ANSWER,JURY DEMAND, AND REQUEST
FOR DISCLOSURE SEPTEMBER 25, 2023
42 ORDER - TEMPORARY INJUNCTION 09/26/2023 258 - 260 _
SEPTEMBER 26, 2023
Page 6
| 43 DEFENDANT'S WRITTEN DESIGNATION 10/10/2023 261 - 265
| AND REQUEST FOR CLERK'S RECORD
| OCTOBER 10, 2023
| 44 DEFENDANT'S REQUEST FOR 10/10/2023 266 - 268
|
| REPORTER'S RECORD TO BE PREPARED
| OCTOBER 10, 2023
| 45 DEFENDANTS' NOTICE OF 10/10/2023 269 - 272
| ACCELERATED INTERLOCUTORY APPEAL
| OCTOBER 10, 2023
|
| 46 COST BILL 10/11/2023 273 - 273
| 47 CLERK CERTIFICATE 10/11/2023 274 - 274
Page 7
THE STATE OF TEXAS
COUNTY OF DALLAS
In the 298th District Court of Dallas County, Texas, the Honorable EMILY
TOBOLOWSKY, Judge Presiding, the following proceedings were held and the following
instruments and other papers were filed in this cause, to wit:
Trial Court Cause No.: DC-23-04417
ROBERT WAYNE MITCHELL IN THE 298TH DISTRICT COURT
vs. OF
TDC, ID, BRYAN COLLIER DALLAS COUNTY, TEXAS
Page 8
Docker SHEET
DOCKET SHEET
CASE NO. DC-23-04417
ROBERT WAYNE MITCHE! § Location: 298th Di trict Court
vs. § Judicial Officer: TOBOLOWSKY, EMILY
TDC, ID, BRYAN COLLIER § Filed on: 04/06/2023
§
CASE INFORMATION
Case Typ OTHER (CIVIL)
Subtype: MANDAMUS
PARTY INFORMATION
PLAINTIFF MITCHELL, ROBERT WAYNE WARREN, TAJ ADARRYL
Retained
214-206-1225(W)
DEFENDANT TDC, ID, BRYAN COLLIER JUAREZ, LUIS ARMANDO
Retained
512-463-2120(H)
DATE EVENTS & ORDERS OF THE COURT INDEX
04/06/2023 NEW CASE FILED (OCA) - CIVIL
14/06/2023 a AFFIDAVIT INABILITY TO PAY
Party: PLAINTIFF MITCHELL, ROBERT WAYNE
04/06/2023 ElorIGINAL PETITION
5/23/2023 B MOTION - JUDGMENT
Party: PLAINTIFF MITCHELL, ROBERT WAYNE
5/23/2023 ‘Binon-sicnep PROPOSED ORDER/JUDGMENT
PROPOSED ORDER FOR JUDGMENT
06/09/2023 A MOTION - DEFAULT JUDGMENT
Party: PLAINTIFF MITCHELL, ROBERT WAYNE
06/09/2023 2 NON-SIGNED PROPOSED ORDER/JUDGMENT
PROPOSED ORDER FOR DEFAULT JUDGMENT
Vol./Book 0,
06/09/2023 ‘notice OF HEARING / FIAT Page 0, | pages
06/16/2023 6 NOTICE SENT VIA EMAIL/FAX
DEFICIENT LETTER
16/26/2023 ‘Biissur crration
26/2023 E|) MoTION - MISCELLANOUS
Party: PLAINTIFF MITCHELL, ROBERT WAYNE
ENLARGEMENT OF TIME
06/27/2023 CITATION
B TDC, ID, BRYAN COLLIER
PAGE 1 OF Printed on 10/11/2023 at 10:57 AM
Page 9
Docker SHEET
DOCKET SHEET
CASE NO. DC-23-04417
Served: 07/05/2023
BRYAN COLLIER 9214 8901 0661 5400 0186 9669 12
07/31/2023 ‘Blarewavir
Party: PLAINTIFF MITCHELL, ROBERT WAYNE
IN SUPPORT OF EX PARTE APPLICATION FOR TRO
07/31/2023 2 NON-SIGNED PROPOSED ORDER/JUDGMENT
[PPLICATION FOR TEMPORARY INJUNCTION
Vol./Book 0,
07/31/2023 E) MiscELLANOUS EVENT Page 0, 13 pages
Party: PLAINTIFF MITCHELL, ROBERT WAYNE
WRIT OF TEMPORARY INJUNCTION
Vol./Book 0,
7/31/2023 6 MISCELLANOUS EVENT Page 0, 13 pages
Party: PLAINTIFF MITCHELL, ROBERT WAYNE
WRIT OF INJUNCTION - TRO
07/31/2023 B NON-SIGNED PROPOSED ORDER/JUDGMENT
PROPOSED ORDER ON APPLICATION FOR TRO
07/31/2023 6 NON-SIGNED PROPOSED ORDER/JUDGMENT
PROPOSED ORDER FOR PERMANENT INJUNCTION
07/31/2023 El Motion - MISCELLANOUS
Party: PLAINTIFF MITCHELL, ROBERT WAYNE
PETITION FOR TRO/TEMPORARY AND PERMANENT INJUNCTION
8/01/2023 B RETURN OF SERVICE
EXECUTED CITATION-BRYAN COLLIER
08/03/2023 2 NON-SIGNED PROPOSED ORDER/JUDGMENT
PROPOSED ORDER FOR DEFAULT JUDGMENT
Vol./Book 0,
08/03/2023 B NOTICE OF HEARING / FIAT Page 0, | pages
PLAINTIFF'S FOR DEFAULT JUDGMENT
08/03/2023 2 MOTION - DEFAULT JUDGMENT
Party: PLAINTIFF MITCHELL, ROBERT WAYNE
08/03/2023 Barripavir
Party: PLAINTIFF MITCHELL, ROBERT WAYNE
MILITARY STATUS DECLARATION
Vol./Book 0,
08/07/2023 ‘lorpver - TEMPORARY RESTRAINING Page 0, 14 pages
08/18/2023 6 NOTICE OF APPEARANCE
PLAINTIFF
08/18/2023 B AMENDED PETITION
Party: PLAINTIFF MITCHELL, ROBERT WAYNE
PAGE 2 OF Printed on 10/11/2023 at 10:57 AM
Page 10
Docker SHEET
DOCKET SHEET
CASE NO. DC-23-04417
PLAINTIFF'S FIRST AMENDED PETITION AND
'UPPLEMENTAL APPLICATION FOR TEMPORARY RESTRAINING ORDER AND
REQUEST FOR TEMPORARY INJUNCTION
08/18/2023 A NON-SIGNED PROPOSED ORDER/JUDGMENT
PROPOSED ORDER TEMP INJ
08/18/2023 A NOTICE OF APPEARANCE
Party: PLAINTIFF MITCHELL, ROBERT WAYNE
08/18/2023 2 AMENDED PETITION
Party; PLAINTIFF MITCHELL, ROBERT WAYNE
IST AND SUPPL APPL TRO & REQUEST TEMP INJ
8/18/2023 A NON-SIGNED PROPOSED ORDER/JUDGMENT
PROPOSED ORDER TEMP INJ
08/18/2023 4B) AMENDED PETITION
Party: PLAINTIFF MITCHELL, ROBERT WAYNE
PLAINITFF SUPPL IST AMED PETITION & SUPPL APPL FOR TRO & REQUEST TEMP
INI
08/18/2023 ‘Blnon-sicnep PROPOSED ORDER/JUDGMENT
PROPOSED TEMPORARY INJUNCTION
08/21/2023 ‘Blnon-sicnep PROPOSED ORDER/JUDGMENT
PROPOSED ORDER GRANTING TRO AND ORDER SETTING HEARING ON
APPLIC FOR TEMP INJUNCTION,
Vol./Book 0,
8/21/2023 ‘Blorver - TEMPORARY RESTRAINING Page 0, 2 pages
AND SETTING HEARING ON APPLIC TEMP INJ
08/30/2023 ‘El motion - MIscELLANOUS
Party: DEFENDANT TDC, ID, BRYAN COLLIER
MOTION TO DISSOLVE TRO
08/30/2023 ‘Blnon-sinep PROPOSED ORDER/JUDGMENT
PROPOSED ORDER ON DEFENANT'S MOTION TO DISSOLVE TRO
9/05/2023 Qa Temporary Injunction (9:00 AM) (Judicial Officer: TOBOLOWSKY, EMILY)
Events: 08/18/2023 AMENDED PETITION
08/18/2023 NON-SIGNED PROPOSED ORDER/JUDGMENT
08/18/2023 AMENDED PETITION
TAJ WARREN 214 206-1225
09/06/2023 E)RESPONSE
DEFT'S OPPOSITION TO PLTF'S APPLIC FOR TEMP INI
09/06/2023 2 NON-SIGNED PROPOSED ORDER/JUDGMENT
PROPOSED ORDER ON DEFT'S OPPOSITION TO PLTF'S APPLIC FOR TEMP INJ
09/07/2023 ‘Blareipavir
OF SERVICE - ORDER GRANTING TRO
/ ORDER SETTING HEARING - BRYAN COLLIER
PAGE 3 OF Printed on 10/11/2023 at 10:57 AM
Page 11
Docker SHEET
DOCKET SHEET
CASE NO. DC-23-04417
09/07/2023 *E]RESPONSE
TO PLAINTIFFS APPLICATION FOR TEMPORARY INJUNCTION
09/08/2023 ‘Biresronse
DEF'S REPLY TO PLNT'S RESP TO DEF'S APP FOR TI
09/25/2023 B ORIGINAL ANSWER - DEFENDANT
DEFT'S ANSWER TO IST AMD PETITION
09/25/2023 ‘Bury pemanp
Party: DEFENDANT TDC, ID, BRYAN COLLIER
Vol./Book 0,
09/26/2023 ‘Plorper - TEMPORARY INJUNCTION Page 0, 3 pages
10/10/2023 ‘Botice OF APPEAL - CT. OF APPEALS
DEFENDANT-DESIGNATION REQUESTED AT TIME OF ACCEPTANCE BY 4PM
10/10/2023
10/10/2023 ‘BhReTuRNED MAIL
NOTICE OF TRIAL DATE FOR LUIS ARMANDO SUAREZ
10/10/2023 B RETURNED MAIL
NOTICE OF TRIAL DATE FOR TAJ ADARRYL WARREN
10/10/2023 ‘BAREQUEST REPORTER RECORD
Def Request for Reporters Record
0/10/2023 ‘BAREQUEST CLERK PREPARE RECORD
DEFENDNTS
10/11/2023 NOTE - CLERKS
COA 05-23-01001-CV PREPARING CLERK RECORD
02/06/2024 &) Non Jury Trial (9:00 AM) (Judicial Officer: TOSOLOWSKY, EMILY)
DATE FINANCIAL INFORMATION
DEFENDANT TDC, ID, BRYAN COLLIER
Total Charges 10.00
Total Payments and Credits 10.00
Balance Due as of 10/11/2023 0.00
09/25/2023 Charge DEFENDANT TDC, ID, BRYAN 10.00
COLLIER
09/25/2023 CREDIT CARD - Receipt # 65983-2023-DCLK DEFENDANT TDC, ID, BRYAN (10.00)
TEXFILE (DC) COLLIER
PLAINTIFF MITCHELL, ROBERT WAYNE
Total Charges 434.00
Total Payments and Credits 0.00
Balance Due as of 10/11/2023 434.00
04/06/2023 Charge PLAINTIFF MITCHELL, ROBERT 350.00
WAYNE
PAGE 4 OF Printed on 10/11/2023 at 10:57 AM
Page 12
Docker SHEET
DOCKET SHEET
CASE NO. DC-23-04417
06/26/2023 Charge PLAINTIFF MITCHELL, ROBERT 84.00
WAYNE
PAGE
5 OF 5 Printed on 10/11/2023 at 10:57 AM
Page 13
File Per BoSe 2%y%
“ v
AFFIDAVIT INABILITY TO
PAY writ. Nok X 2S 4417 *5°O
AN
MISC.DOCKET NO. DC-9:
M-298th % Sea,
“ae
* fp
IN THE 283°° JUDICIAL DISTRICT COURT DALLAS COUNTY, COURT OF THE STATE OF TEXAS
IN RE: ROBERT WAYNE MITCHELL SR
v3, TOC LP bya’
Colliev
Stu
PETITION FOR A WRIT OF MANDAMUS
TO THE HONORABLE JUDGE OF THE 283*° JUDICIAL DISTRICT COURT:
YOUR PETITIONER, ROBERT WAYNE MITCHELL, STATE AS FOLLOWS:
STATEMENT OF THE CASE.
GOVERNMENT CODE CHAPTER 508.283. SANCTIONS. (A), SEE ATTACHED EXHIBIT IN APPENDIX.
THIS PROVISION OF THE STATE SUPERVISED RELEASE STATUTE REQUIRING TO SERVICE A NEW
SENTENCE AFTER THE 30 YEAR'S IS DISCHARGE, SEE ATTACHED EXHIBIT JUDGMENT AND SENTENCE
IS A VIOLATION OF THE TEXAS CONSTITUTION ARTICLE 1. BILL OF RIGHTS SEC.10. RIGHTS OF THE
ACCUSED IN CRIMINAL PROSECUTION, SEE EXHIBIT IN APPENDIX.
Page 14
Ui
THE REASONS WHY THE WRIT SHOULD ISSUE.
FOR MANDAMUS RELIEF THESE ELEMENTS MUST BE SATISFIED (1) THE PLAINTIFFS CLAIM IS CLEAR
AND CERTAIN (2) THE DEFENDANT OFFICIALS DUTY IS MINISTERIAL AND SO PLAINLY PRESCRIBED
AS TO BE FREE FROM DOUBT, AND (3) NO OTHER ADEQUATE REMEDY IS AVAILABLE. SEE CHENEY VS.
DIST. COURT FOR DIST. OF COLUMBIA 124 S.CT. 2576, ALSO FIRST, THE PARTY SEEKING ISSUANCE
OF THE WRIT [MUST] HAVE NO OTHER ADEQUATE MEANS TO ATTAIN THE RELIEF HE DESIRES,
SECOND. THE PETITIONER MUST SATISFY THE BURDEN OF SHOWING THAT [HIS] RIGHT TO
ISSUANCE OF THE WRIT IS CLEAR AND INDISPUTABLE. THIRD, EVEN IF THE FIRST TWO PREREQUISITES
HAVE BEEN MET, THE ISSUING COURT, IN THE EXERCISE OF ITS DISCRETION, MUST BE SATISFIED THAT
THE WRIT IS APPROPRIATE UNDER THE CIRCUMSTANCES
Page 15
STATEMENT OF JURISDICTION
THIS COURT HAS JURISDICTION TO ISSUE A WRIT OF MANDAMUS TEX.GOV’T CODE 22.221(A);
SEE TEX.CONST. ART. V. 6(A).
Ne
RESPECTFULLY SUBMITTED .
4205 METROPOLITAN AVE # 201
DALLAS TEXAS 75210
PHONE#2148287116
4-f- LOAF
SEE APPENDIX AND EXHIBIT’S ATTACHED.
Page 16
APPENDIS’ & EXHIBITS
SEE EXHIBIT (A)& (B) ATTACHED, PLEASE.
EXHIBIT (A) JUDGMENT AND SENTENCE 10-4-1991
EXHIBIT (B) CERTIFICATE OF PAROLE
Page 17
‘ATN_[IN DETAIL) _ ao
\ TO EMHANCEMENT TAUE TO 2ND & SAD FINDINGS ON 25D & 3RD PARACRAPES
GRAPHS) PARAGRAPHS __ENHANCEMENT = FOUND TRUE
—
JEADLY GEAPON: MONE
FSENTERE
1SED: OCTOBER 4, 1991 COSTS! YESH
[SMOIENT AND MW YEARS CONFINEMENT IN DATE TO
1€ OF COMFINEMENT: OF CORRECTE COMMENCE: OCTOBER 4, 1991
A FINE
OF $ HOWE - — — — ne
:
NI
~
E CREDITED:
FALQGI=1O/4/91
RESTITUTION /REPARATION 6 NO_
=>
SORRENT_HILESS OTAERDISE SPECIFIED. — =
On this day, set forth above, the above styled and munbened cause came to trial.
State of Texas and Defendant appeared by and ' through the above named attorneys and
ounced ready for trial. De; in person in open court. Where Defendant
not aepresented by counsel, Defendant knowingly, antettigentty, and voluntarily waived —
night to representation by cowmel. Defendant ha been duly arraigned and it appearing day,
nen
the Court that Defendant was competent wing entered the above shown plea
the changing instrument, both parties announced fon trial. Defendant, in person
dn uniting ia open Court having waived hia raght of triad by jury, and where shown above
t the charging instrument was by information anstead of indictment, the De(endant dit,
h the consent and approvel of his attorney, of t! me the State, and the Count,
ve his right to packecution by indictment and agaee to be faced on an aftidavit and
ormation; al£ such waivers, agreements and consents being in writeng and §ifed in the
was of this cause prior to the Defendant ent
The Count having heaad the inetrument reat, the above shown plea of
the
endant, the evidence subsitted and argument of counsel, found Defendant
ense 4s shoun above and that the offense was committed anid Defendant Mn Be. late sek
th above. The Court makes ita findings as to deadly weapon aestifution o& reparation
set forth above.
And shen shown above that the chaagang instrument contains enhancement paragaaph(s,
(Continued)
8
iohth abovz, tkz abovz itylzd and numbzhzd cauiz came to thiol. Thz Statz oi Tzxai and
Vzizndant appzanzd by and thnough tkz abovz named attonnzyi and announczd hzady boh.
thiol. Vzizndant appzahzd In pzhion -in opzn count. Whzhz Vzizndant wo* not nzphzizntzd by
tkz nightto
coumzl, Vzizndant knowingly, intelligently, and voluntanlly waived
hzphzizntation by coumzl. Vzizndant having been duly annalgnzd and -it appzahAjig to thz
Count that Vzizndant uiai mentally compztznt, and having zntznzd thz abovz thorn plza to
thz changing inithumznt, both pantizt. announczd mzady ion thiol. Vzizndant, -in pzuon ang
In uniting In opzn Count having waived hi& night oi thiol by juny, and uihzhz ihouin abovz
that thz changing Inithumznt uxu> by Inionmatlon In&tzad oi Indictment, thz Vzizndant did,
laith thz con&znt and appnoval oi hli attohnzy, oi thz attonnzy ion thz Statz, and thz Count,
uoalvz hl& night to pnoizcutlon by Indictment and aghzz to be thizd on an aii-idav-U and
Inionmatlon} all iuch walvehi, agnzzmznti and coniznti being In uinltung and i-ilzd In thz
papzhi oi thli cauiz pnlon. to thz Vzizndant zntzning hit, plza hznzin.
Thz Count having hzand thz changing Imtnwnznt head, thz abovz ihouin plza oi Vzizndant, thz
nas = kta * oe os ar 22. a 8 oe ” ae
Page 18
—— q
§
eyh tate of Texas .
DPO
} >i
i
Eveyeaqre 9) pacP l
Ex
of i PS NO:ee 02516459
eee
So Y TEXAS
—
DEPARTMENT of CRIMINAL JUSTICE
BS
bay
PARDONS and PAROLES DIVISION
Certificate of Parole
TA
KNOW ALL MEN BY THESE PRESENTS
Tbe Texas Department of Criminal Justice Pardons and Paroles Division of the State of Texas has been furnished information
by the Texas Department of Criminal Justice Institutional Diviston that
MITCHELL,ROBERT WAYNE 00599854 B
Name TDCI No.
pow confined In the Texas Department of Criminal Justice Institutional Divislon Js eligible for PAROLE
under the provision of Art. 42.18 C.C.P. A satisfactory release plan hes been submitted; THEREFORE, the Board of Pardons aad
Paroles hereby orders that the said inmate be released under Parole to the confines of the state and that he shall be deemed
on -parole und that he shall tmmedistely report as Indicated below for supervision under the officer to whom he shall be
assigned:
DALLAS DPO IV You will report to your assigned
2505 S. SECOND AVE Parole Officer within 24 hours of
DALLAS, TX 15210 release. Failure to do so will
cancel your eligibility for further
gate money funds.
and that he be permitted to be at liberty im the legal custody of the Texas Department of Criminal Justice Institutional
Division but amenable to the orders of the Board of Pardons and Paroles and the Pardons and Paroles Division, and under the rules lee
and conditions of parole. The period of perole
shall be for a period equivalent to the maximum term for which the prisoner wis
sentenced less calendar (ime actually served ou the sentence. The time to he served under parole Is also calculated as calendar
time. This permit to be at liberty on parole is gramted upon condition that the said inmate shall observe and perform all the rules
and conditions shown on the reverse of this certificate and any Special Conditions listed which are imposed shall be indicated
below by listing their corresponding letter(s) or specifying the context in writing below or in an attachment hereto. This
certificate shall become effective when eligibility requirements for parole under Art. 42.18 C.C.P. have been attained by said i>
inmate and whed all rules and conditions both general and special are agreed to by said inmate. BE IT FURTHER KNOWN THAT
ANY VIOLATION OF SUCH RULES OR CONDITIONS SHALL BE SUFFICIENT CAUSE FOR REVOCATION
OF THIS PAROLE, AND THAT ALL TIME SERVED ON PAROLE SHALL BE FORFEITED.
IPECIAL CONDITIONS
WE @) 0
Legal County of Residence DALLAS
Approved County of Release: DALLAS i
jue ‘a:
ISSUED BY ORDER OF THE BOARD OF PARDONS AND PAROLES. AND UNDER THE SEAL, is)
OF THE TEXAS DEPARTMENT ad CRIMINAL newer AT 9g UST.
ta TEXAS ON THIS
THE DAY OF
if Parole is satisfactoril
completed, Discharge Date will be ‘Wae) co
Page 19
CERTIFICATE OF SERVICE
| DO HEREBY CERTIFY THAT A TURE AND CORRECT COPY OF THE ABOVE FOREGOING WILL SERVED
BY PLACE SAME IN THE UNITED STATES MAIL, POST PREPAID, ON 04- -2023, ADDRESSED TO THE.
BELOW ALSO,
MS. FELICIA PITRE, DISTRICT CLERK,
FRANK CROWLEY COURTS BUILDINING
133 N. RIVERFRONT BLVD., LB-19
DALLAS, TEXAS 75207-4399
THE 283"° JUDICIAL DISTRICT COURT
DALLAS COUNTY, TEXAS
FRANK CROWLEY COURTS BUILDING
133 N. RIVERFRONT BLVD.,
DALLAS, TEXAS 75207
T.D.C.J.ID., PAROLE DIVISION-TIME AND CALCULATION, ATTORNEY OF RECORD
ATTORNEY GENERAL OF TEXAS
P.0.BOX 12548, CAPITOL STATION
AUSTIN, TEXAS
4-E-2023
Page 20
a4
fos vv
NO. DC-23-04417 y EYLED
23 HAY 22 AKIO: 46
ROBERT WAYNE MITCHELL SR. IN THE M-298™ COURT OTA PITRE
Meee
PETITIONER DALLAS COU IN TEXASAS G8.
vs. CIVILJUDICIAI
DEPUTY:
BRYAN COLLIER, TDCJ, PAROLE,
RESPONDENT
PROPOSED JUDGMENT
COMES NOW PETITIONER, ROBERT WAYNE MITCHELL SR, AND WILL SHOW AS FOLLOWS:
1. DISCOVERY CONTROL PLAN
EXHIBIT# 1 (W87-70604-T(A) ATTACHED. EXHIBIT#2) THE STATE OF TEXAS, STATE AUDITOR AND
AUDIT REPORT ON TDCJ, BOARD OF PARDONS AND PAROLES, DETAILED RESULTS PAGE 15 TEXAS
GOVERNMENT CODE, SECTION 508.283.
2. PARTIES ~
ALL PAROLE OFFICE'S FROM 7-21-2021 UNTIL NOW.
ALL ACTION BY TDCJ FROM 7990 PAROLE.
3.FACTUAL BACKGROUND
1979 SENTENCE OF 7 YEARS FOR A PLEA BARGAIN ARMED ROBBERY SENTENCE END 1986.
4,CAUSE OF ACTION
Page 21
RETALIATION & AMERICANS WITH DISABILITIES SEE ATTACHED EXHIBIT#3
RECORD FROM THE DEPARTMENT OF THE ARMY EXHIBIT#1 PERSONALITY DISORDER ALSO SEE
EXHIBIT#2 BACK, FROM 1974.
TDC) PAROLE TOOK AN ADVERSE ACTION, AND THERE IS A DIRECT CONNECTION BETWEEN THE
PROTECTED ACTIVITY AND THE ADVERSE ACTION.
5.DEMAND.
TEXAS GOVERNMENT CODE 497.096.
33.3 MILLION
THE TIM COLE’S ACT.
6.DAMAGES.
GLAUCOMA, ALL MEDICAL ISSUES AND ANY AND ALL UNDER THE TIM COLE’S ACT.
7. ATTORNEY FEES.
,'
a FEES PAID BY TDCJ-PAROLE- BY AND FROM THE TEXAS COMPTROLLER’S OFFICE.
i
:
Page 22
8.APPLICATION FOR TEMPORARY INJUNCTION.
1
|
SEE EXHIBIT#4 CORRECTIONAL MANAGED CARE CLINIC NOTES ATTACHED DATE 10/17/2012. AND
ALSO SEE ATTACHED EXHIBITHS IRHYTHM ZIO XT PATCH WARNING START DATE 5/19/2023.
SEE EXHIBIT#6 FAMILY OF WOMAN WHO DIED IN TEXAS JAIL AWARDED $7 MILLION.ATTACHED.
9.ADDITIONAL RELIEF REQUESTED.
CEASE AND DESIST.
AND THE ACCOUNTABILITY OF THE AMOUNT CONTINUE TO GROW UNTIL THE CEASE-AND-DESIST STOPS
THE VIOLATION OF MY RIGHTS.
10.REMEDIES RQUESTED.
JUDGMENT BY LAW.
Page 23
STATEMENT OF JURISDICTION
THis COURT HAS JURISDICTION TO ISSUE A WRIT OF MANDAMUS TEX.GOV’T CODE 22.221(A).
SEE TEX.CONST. ART. V. 6{A).
PRAYER
MY THE HONORABLE COURT BE GRANT THE UNDERSTANDING OF THE RIGHTS AND VIOLATIONS OF
THEM, AFTER A VERDICTA PARTY MAY OBTAIN JUDGMENT BY TENDERING A PROPOSED JUDGMENT TO
THE COURT FOR SIGNATURT, ALSO SEE EVIDENCE OF DULY ACCEPTED GUILT EXHIBIT#2 ATTACHED.
coma
a
RESPECTFU!
k4
ROBERT WAYNE MITCHELL SR.
4205 METROPOLITAN AVE #201
DALLAS TX 75210
5{.),{2023
Page 24
SEE APPENDIX AND EXHIBITS ATTACHED.
APPENDIS’ & EXHIBITS
SEE EXHIBIT’S ATTACHED, PLEASE.
Page 25
CERTIFICATE OF SERVICE
1 DO HEREBY CERTIFY THAT
A TURE AND CORRECT COPY OF THE ABOVE FOREGOING WILL SERVED
BY PLACE SAME IN THE UNITED STATES MAIL, POST PREPAID, ON 05- -2023, ADDRESSED TO THE.
BELOW ALSO,
MS. FELICIA PITRE, DISTRICT CLERK,
GEORGE ALLEN COURTS BUILDINING
600 COMMERCE ST
DALLAS, TEXAS 75202
THE 298™ CIVIL DISTRICT COURT
DALLAS COUNTY, TEXAS
GEORGE ALLEN COURTS BUILDING
600 COMMERCE ST
DALLAS, TEXAS 75202
_
Page 26
T.D.C.J.ID., PAROLE DIVISION-TIME AND CALCULATION, ATTORNEY OF RECORD
ATTORNEY GENERAL OF.TEXAS
P.O.BOX 12548, CAPITOL STATION
AUSTIN, TEXAS 78711
FZ lene zte2e,J, ~
S- 23-29
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DALLAS-DC-23-04417-CLR-VOL001.pdf: VOLUME 1 Trial Court Cause No. DC-23-04417 Appellate Case No. 05-23-01001-CV In the 298th District Court of Dallas County, Texas Honorable EMILY TOBOLOWSKY Judge Presiding BRYAN COLLIER, Appellant(s) Vs. ROBERT WAYNE MITCHELL, Appellee(s) Appealed To The Court Of Appeals For The 5'™ District Of Texas, At Dallas, Texas Attorney for Appellant(s): OFFICE OF THE ATTORNEY GENERAL LAW ENFORCEMENT DEFENSE DIVISION NAME: LUIS A. SUAREZ ADDRESS: CAPITOL STATION P.O. BOX 12548 AUSTIN, TEXAS 78711-2548 TELEPHONE (512) 463-2120 FAX NO.: (512) 320-0667 E-MAIL ADDRESS. LUIS.SUAREZ@OAG.TEXAS.GOV SBOT NO.: 24117110 ATTORNEY FOR: DEFENDANT BRYAN COLLIER Delivered To The Court Of Appeals For The 5™ District Of Texas, At Dallas, Texas On the 11th day of October, 2023 FELICIA PITRE DISTRICT CLERK DALLAS COUNTY, TEXAS By BRITTANY FOREMAN, Deputy District Clerk Page 1 DC-23-04417 IN THE DISTRICT COURT ROBERT WAYNE MITCHELL OF VS. TDC, ID, BRYAN COLLIER DALLAS COUNTY, TEXAS Document File Date Page 1 COVER 10/11/2023 1-1 2 INDEX 10/11/2023 2-7 3 CAPTION 10/11/2023 8-8 4 DOCKET SHEET 10/11/2023 9-13 | 5 ORIGINAL PETITION APRIL 6, 2023 04/06/2023 14-20 6 PROPOSED JUDGMENT MAY 23, 2023 05/23/2023 21-43 7 NON-SIGNED PROPOSED ORDER MAY 23, 05/23/2023 44-44 | 2023 | 8 MOTION FOR DEFAULT JUDGMENT JUNE 06/09/2023 45- 45 i 9 NON-SIGNED PROPOSED ORDER 06/09/2023 46- 46 | GRANTING MOTION FOR DEFAULT JUDGMENT JUNE 9, 2023 10 NOTICE OF HEARING JUNE 9, 2023 06/09/2023 47-47 | 1 NOTICE OF DEFICIENCY LETTER 06/16/2023 48-48 | JUNE16, 2023 | Page 2 | 12 ISSUE CITATION- BRYAN COLLIER 06/26/2023 49 - 50 | JUNE 26, 2023 | 13 MOTION FOR ENLARGEMENT OF TIME 06/26/2023 51-55 JUNE 26, 2023 | 14 AFFIDAVIT OF ROBERT WAYNE 07/31/2023 56 - 69 | MITCHELL, IN SUPPORT OF EX PARTE | APPLICATION FOR TEMPORARY | RESTRAINING ORDER JULY 31, 2023 15 NON-SIGNED PROPOSED ORDER/FINAL 07/31/2023 70 - 82 | JUDGMENT GRANTING PERMANENT INJUNCTION JULY 31, 2023 16 PETITION FOR TEMPORARY 07/31/2023 83-99 RESTRAINING ORDER ANDTEMPORARY AND PERMANENT INJUNCTION JULY 31, | 2023 17 NON-SIGNED PROPOSED ORDER/ORDER 07/31/2023 100 - 113 ON APPLICATION FOR TEMPORARY RESTRAINING ORDER JULY 31, 2023 | 18 WRIT OF INJUNCTION - TRO JULY 31, 07/31/2023 114 - 126 | 2023 19 NON-SIGNED PROPOSED ORDER ON 07/31/2023 127 - 136 APPLICATION FOR TEMPORARY INJUNCTION JULY 18, 2023 20 PROPOSED WRIT OF TEMPORARY 07/31/2023 137 - 149 | INJUNCTION JULY 31, 2023 | 21 RETURN OF SERVICE EXECUTED 08/01/2023 150 - 152 | CITATION-BRYAN COLLIER AUGUST 1, 2023 22 NON-SIGNED PROPOSED ORDER 08/03/2023 153 - 153 GRANTING MOTION FOR DEFAULT JUDGMENT AUGUST 3, 2023 23 NOTICE OF HEARING AUGUST 3, 2023 08/03/2023 154 - 154 Page 3 24 MOTION - DEFAULT JUDGMENT 08/03/2023 155-171 AUGUST 3, 2023 25 SIGNED ORDER - TEMPORARY 08/07/2023 172 - 185 | RESTRAINING AUGUST 7, 2023 | 26 AFFIDAVIT MILITARY STATUS 08/03/2023 186 - 191 | DECLARATION AUGUST 3, 2023 27 NOTICE OF APPEARANCE OF COUNSEL 08/18/2023 192 - 192 | AUGUST 18, 2023 28 NON-SIGNED PROPOSED 08/18/2023 193 - 195 | ORDER/TEMPORARY INJUNCTION | AUGUST 18, 2023 | 29 NOTICE OF APPEARANCE OF COUNSEL 08/18/2023 196 - 196 | AUGUST 18, 2023 30 PLAINTIFF'S FIRST AMENDED PETITION 08/18/2023 197 - 204 | AND SUPPLEMENTAL APPLICATION FOR | TEMPORARY RESTRAINING ORDER AND REQUEST FOR TEMPORARY INJUNCTION AUGUST 18, 2023 31 PLAINTIFF'S SUPPLEMENTAL FIRST 08/18/2023 205 - 206 AMENDED PETITION AND SUPPLEMENTAL APPLICATION FOR TEMPORARY | RESTRAININGORDER AND REQUEST FOR | TEMPORARY INJUNCTION AUGUST 18, | 2023 32 NON SIGNED ORDER GRANTING 08/21/2023 207 - 208 | TEMPORARY RESTRAINING ORDERAND | ORDER SETTING HEARING ON | PLAINTIFF'S APPLICATION | FORTEMPORARY INJUNCTION AUGUST 21, | 2023 33 ORDER GRANTING TEMPORARY 08/21/2023 209 - 210 RESTRAINING ORDER 'AND ORDER SETTING HEARING ON PLAINTIFF'S | APPLICATION FOR TEMPORARY Page4 INJUNCTION AUGUST 21, 2023 34 DEFENDANTS ' MOTION TO DISSOLVE 08/30/2023 211-215 THE TEMPORARY RESTRAINING ORDER AUGUST 30, 2023 35 NON-SIGNED PROPOSED ORDER/ 08/30/2023 216-217 DEFENDANT'S MOTION TO DISSOLVE THE | TEMPORARY RESTRAINING ORDER | AUGUST 30, 2023 36 DEFENDANTS ' OPPOSITION TO 09/06/2023 218 - 228 PLAINTIFF'S APPLICATION FOR TEMPORARY INJUNCTION SEPTEMBER 6, | 2023 37 NON-SIGNED PROPOSED 09/06/2023 229 - 230 ORDER/DEFENDANTS ' OPPOSITION TO PLAINTIFF'S APPLICATION FOR TEMPORARY INJUNCTION SEPTEMBER 6, 2023 38 RETURN OF SERVICE SEPTEMBER 7, 09/07/2023 231 - 233 | 2023 Page 5 | 39 PLAINTIFF'S RESPONSE TO 09/07/2023 234 - 238 DEFENDANTS' OPPOSITIONTO PLAINTIFF'S APPLICATION FOR TEMPORARY INJUNCTION SEPTEMBER 7, 2023 | | 40 DEFENDANT'S REPLY TO PLAINTIFF' s 09/08/2023 239 - 251 RESPONSE TO DEFENDANT'S OPPOSITION TOPLAINTIFF 'S APPLICATION FOR | TEMPORARY INJUNCTION SEPTEMBER 8, | 2023 | | 41 DEFENDANT BRYAN COLLIER'S 09/25/2023 252 - 257 ANSWER,JURY DEMAND, AND REQUEST FOR DISCLOSURE SEPTEMBER 25, 2023 42 ORDER - TEMPORARY INJUNCTION 09/26/2023 258 - 260 _ SEPTEMBER 26, 2023 Page 6 | 43 DEFENDANT'S WRITTEN DESIGNATION 10/10/2023 261 - 265 | AND REQUEST FOR CLERK'S RECORD | OCTOBER 10, 2023 | 44 DEFENDANT'S REQUEST FOR 10/10/2023 266 - 268 | | REPORTER'S RECORD TO BE PREPARED | OCTOBER 10, 2023 | 45 DEFENDANTS' NOTICE OF 10/10/2023 269 - 272 | ACCELERATED INTERLOCUTORY APPEAL | OCTOBER 10, 2023 | | 46 COST BILL 10/11/2023 273 - 273 | 47 CLERK CERTIFICATE 10/11/2023 274 - 274 Page 7 THE STATE OF TEXAS COUNTY OF DALLAS In the 298th District Court of Dallas County, Texas, the Honorable EMILY TOBOLOWSKY, Judge Presiding, the following proceedings were held and the following instruments and other papers were filed in this cause, to wit: Trial Court Cause No.: DC-23-04417 ROBERT WAYNE MITCHELL IN THE 298TH DISTRICT COURT vs. OF TDC, ID, BRYAN COLLIER DALLAS COUNTY, TEXAS Page 8 Docker SHEET DOCKET SHEET CASE NO. DC-23-04417 ROBERT WAYNE MITCHE! § Location: 298th Di trict Court vs. § Judicial Officer: TOBOLOWSKY, EMILY TDC, ID, BRYAN COLLIER § Filed on: 04/06/2023 § CASE INFORMATION Case Typ OTHER (CIVIL) Subtype: MANDAMUS PARTY INFORMATION PLAINTIFF MITCHELL, ROBERT WAYNE WARREN, TAJ ADARRYL Retained 214-206-1225(W) DEFENDANT TDC, ID, BRYAN COLLIER JUAREZ, LUIS ARMANDO Retained 512-463-2120(H) DATE EVENTS & ORDERS OF THE COURT INDEX 04/06/2023 NEW CASE FILED (OCA) - CIVIL 14/06/2023 a AFFIDAVIT INABILITY TO PAY Party: PLAINTIFF MITCHELL, ROBERT WAYNE 04/06/2023 ElorIGINAL PETITION 5/23/2023 B MOTION - JUDGMENT Party: PLAINTIFF MITCHELL, ROBERT WAYNE 5/23/2023 ‘Binon-sicnep PROPOSED ORDER/JUDGMENT PROPOSED ORDER FOR JUDGMENT 06/09/2023 A MOTION - DEFAULT JUDGMENT Party: PLAINTIFF MITCHELL, ROBERT WAYNE 06/09/2023 2 NON-SIGNED PROPOSED ORDER/JUDGMENT PROPOSED ORDER FOR DEFAULT JUDGMENT Vol./Book 0, 06/09/2023 ‘notice OF HEARING / FIAT Page 0, | pages 06/16/2023 6 NOTICE SENT VIA EMAIL/FAX DEFICIENT LETTER 16/26/2023 ‘Biissur crration 26/2023 E|) MoTION - MISCELLANOUS Party: PLAINTIFF MITCHELL, ROBERT WAYNE ENLARGEMENT OF TIME 06/27/2023 CITATION B TDC, ID, BRYAN COLLIER PAGE 1 OF Printed on 10/11/2023 at 10:57 AM Page 9 Docker SHEET DOCKET SHEET CASE NO. DC-23-04417 Served: 07/05/2023 BRYAN COLLIER 9214 8901 0661 5400 0186 9669 12 07/31/2023 ‘Blarewavir Party: PLAINTIFF MITCHELL, ROBERT WAYNE IN SUPPORT OF EX PARTE APPLICATION FOR TRO 07/31/2023 2 NON-SIGNED PROPOSED ORDER/JUDGMENT [PPLICATION FOR TEMPORARY INJUNCTION Vol./Book 0, 07/31/2023 E) MiscELLANOUS EVENT Page 0, 13 pages Party: PLAINTIFF MITCHELL, ROBERT WAYNE WRIT OF TEMPORARY INJUNCTION Vol./Book 0, 7/31/2023 6 MISCELLANOUS EVENT Page 0, 13 pages Party: PLAINTIFF MITCHELL, ROBERT WAYNE WRIT OF INJUNCTION - TRO 07/31/2023 B NON-SIGNED PROPOSED ORDER/JUDGMENT PROPOSED ORDER ON APPLICATION FOR TRO 07/31/2023 6 NON-SIGNED PROPOSED ORDER/JUDGMENT PROPOSED ORDER FOR PERMANENT INJUNCTION 07/31/2023 El Motion - MISCELLANOUS Party: PLAINTIFF MITCHELL, ROBERT WAYNE PETITION FOR TRO/TEMPORARY AND PERMANENT INJUNCTION 8/01/2023 B RETURN OF SERVICE EXECUTED CITATION-BRYAN COLLIER 08/03/2023 2 NON-SIGNED PROPOSED ORDER/JUDGMENT PROPOSED ORDER FOR DEFAULT JUDGMENT Vol./Book 0, 08/03/2023 B NOTICE OF HEARING / FIAT Page 0, | pages PLAINTIFF'S FOR DEFAULT JUDGMENT 08/03/2023 2 MOTION - DEFAULT JUDGMENT Party: PLAINTIFF MITCHELL, ROBERT WAYNE 08/03/2023 Barripavir Party: PLAINTIFF MITCHELL, ROBERT WAYNE MILITARY STATUS DECLARATION Vol./Book 0, 08/07/2023 ‘lorpver - TEMPORARY RESTRAINING Page 0, 14 pages 08/18/2023 6 NOTICE OF APPEARANCE PLAINTIFF 08/18/2023 B AMENDED PETITION Party: PLAINTIFF MITCHELL, ROBERT WAYNE PAGE 2 OF Printed on 10/11/2023 at 10:57 AM Page 10 Docker SHEET DOCKET SHEET CASE NO. DC-23-04417 PLAINTIFF'S FIRST AMENDED PETITION AND 'UPPLEMENTAL APPLICATION FOR TEMPORARY RESTRAINING ORDER AND REQUEST FOR TEMPORARY INJUNCTION 08/18/2023 A NON-SIGNED PROPOSED ORDER/JUDGMENT PROPOSED ORDER TEMP INJ 08/18/2023 A NOTICE OF APPEARANCE Party: PLAINTIFF MITCHELL, ROBERT WAYNE 08/18/2023 2 AMENDED PETITION Party; PLAINTIFF MITCHELL, ROBERT WAYNE IST AND SUPPL APPL TRO & REQUEST TEMP INJ 8/18/2023 A NON-SIGNED PROPOSED ORDER/JUDGMENT PROPOSED ORDER TEMP INJ 08/18/2023 4B) AMENDED PETITION Party: PLAINTIFF MITCHELL, ROBERT WAYNE PLAINITFF SUPPL IST AMED PETITION & SUPPL APPL FOR TRO & REQUEST TEMP INI 08/18/2023 ‘Blnon-sicnep PROPOSED ORDER/JUDGMENT PROPOSED TEMPORARY INJUNCTION 08/21/2023 ‘Blnon-sicnep PROPOSED ORDER/JUDGMENT PROPOSED ORDER GRANTING TRO AND ORDER SETTING HEARING ON APPLIC FOR TEMP INJUNCTION, Vol./Book 0, 8/21/2023 ‘Blorver - TEMPORARY RESTRAINING Page 0, 2 pages AND SETTING HEARING ON APPLIC TEMP INJ 08/30/2023 ‘El motion - MIscELLANOUS Party: DEFENDANT TDC, ID, BRYAN COLLIER MOTION TO DISSOLVE TRO 08/30/2023 ‘Blnon-sinep PROPOSED ORDER/JUDGMENT PROPOSED ORDER ON DEFENANT'S MOTION TO DISSOLVE TRO 9/05/2023 Qa Temporary Injunction (9:00 AM) (Judicial Officer: TOBOLOWSKY, EMILY) Events: 08/18/2023 AMENDED PETITION 08/18/2023 NON-SIGNED PROPOSED ORDER/JUDGMENT 08/18/2023 AMENDED PETITION TAJ WARREN 214 206-1225 09/06/2023 E)RESPONSE DEFT'S OPPOSITION TO PLTF'S APPLIC FOR TEMP INI 09/06/2023 2 NON-SIGNED PROPOSED ORDER/JUDGMENT PROPOSED ORDER ON DEFT'S OPPOSITION TO PLTF'S APPLIC FOR TEMP INJ 09/07/2023 ‘Blareipavir OF SERVICE - ORDER GRANTING TRO / ORDER SETTING HEARING - BRYAN COLLIER PAGE 3 OF Printed on 10/11/2023 at 10:57 AM Page 11 Docker SHEET DOCKET SHEET CASE NO. DC-23-04417 09/07/2023 *E]RESPONSE TO PLAINTIFFS APPLICATION FOR TEMPORARY INJUNCTION 09/08/2023 ‘Biresronse DEF'S REPLY TO PLNT'S RESP TO DEF'S APP FOR TI 09/25/2023 B ORIGINAL ANSWER - DEFENDANT DEFT'S ANSWER TO IST AMD PETITION 09/25/2023 ‘Bury pemanp Party: DEFENDANT TDC, ID, BRYAN COLLIER Vol./Book 0, 09/26/2023 ‘Plorper - TEMPORARY INJUNCTION Page 0, 3 pages 10/10/2023 ‘Botice OF APPEAL - CT. OF APPEALS DEFENDANT-DESIGNATION REQUESTED AT TIME OF ACCEPTANCE BY 4PM 10/10/2023 10/10/2023 ‘BhReTuRNED MAIL NOTICE OF TRIAL DATE FOR LUIS ARMANDO SUAREZ 10/10/2023 B RETURNED MAIL NOTICE OF TRIAL DATE FOR TAJ ADARRYL WARREN 10/10/2023 ‘BAREQUEST REPORTER RECORD Def Request for Reporters Record 0/10/2023 ‘BAREQUEST CLERK PREPARE RECORD DEFENDNTS 10/11/2023 NOTE - CLERKS COA 05-23-01001-CV PREPARING CLERK RECORD 02/06/2024 &) Non Jury Trial (9:00 AM) (Judicial Officer: TOSOLOWSKY, EMILY) DATE FINANCIAL INFORMATION DEFENDANT TDC, ID, BRYAN COLLIER Total Charges 10.00 Total Payments and Credits 10.00 Balance Due as of 10/11/2023 0.00 09/25/2023 Charge DEFENDANT TDC, ID, BRYAN 10.00 COLLIER 09/25/2023 CREDIT CARD - Receipt # 65983-2023-DCLK DEFENDANT TDC, ID, BRYAN (10.00) TEXFILE (DC) COLLIER PLAINTIFF MITCHELL, ROBERT WAYNE Total Charges 434.00 Total Payments and Credits 0.00 Balance Due as of 10/11/2023 434.00 04/06/2023 Charge PLAINTIFF MITCHELL, ROBERT 350.00 WAYNE PAGE 4 OF Printed on 10/11/2023 at 10:57 AM Page 12 Docker SHEET DOCKET SHEET CASE NO. DC-23-04417 06/26/2023 Charge PLAINTIFF MITCHELL, ROBERT 84.00 WAYNE PAGE 5 OF 5 Printed on 10/11/2023 at 10:57 AM Page 13 File Per BoSe 2%y% “ v AFFIDAVIT INABILITY TO PAY writ. Nok X 2S 4417 *5°O AN MISC.DOCKET NO. DC-9: M-298th % Sea, “ae * fp IN THE 283°° JUDICIAL DISTRICT COURT DALLAS COUNTY, COURT OF THE STATE OF TEXAS IN RE: ROBERT WAYNE MITCHELL SR v3, TOC LP bya’ Colliev Stu PETITION FOR A WRIT OF MANDAMUS TO THE HONORABLE JUDGE OF THE 283*° JUDICIAL DISTRICT COURT: YOUR PETITIONER, ROBERT WAYNE MITCHELL, STATE AS FOLLOWS: STATEMENT OF THE CASE. GOVERNMENT CODE CHAPTER 508.283. SANCTIONS. (A), SEE ATTACHED EXHIBIT IN APPENDIX. THIS PROVISION OF THE STATE SUPERVISED RELEASE STATUTE REQUIRING TO SERVICE A NEW SENTENCE AFTER THE 30 YEAR'S IS DISCHARGE, SEE ATTACHED EXHIBIT JUDGMENT AND SENTENCE IS A VIOLATION OF THE TEXAS CONSTITUTION ARTICLE 1. BILL OF RIGHTS SEC.10. RIGHTS OF THE ACCUSED IN CRIMINAL PROSECUTION, SEE EXHIBIT IN APPENDIX. Page 14 Ui THE REASONS WHY THE WRIT SHOULD ISSUE. FOR MANDAMUS RELIEF THESE ELEMENTS MUST BE SATISFIED (1) THE PLAINTIFFS CLAIM IS CLEAR AND CERTAIN (2) THE DEFENDANT OFFICIALS DUTY IS MINISTERIAL AND SO PLAINLY PRESCRIBED AS TO BE FREE FROM DOUBT, AND (3) NO OTHER ADEQUATE REMEDY IS AVAILABLE. SEE CHENEY VS. DIST. COURT FOR DIST. OF COLUMBIA 124 S.CT. 2576, ALSO FIRST, THE PARTY SEEKING ISSUANCE OF THE WRIT [MUST] HAVE NO OTHER ADEQUATE MEANS TO ATTAIN THE RELIEF HE DESIRES, SECOND. THE PETITIONER MUST SATISFY THE BURDEN OF SHOWING THAT [HIS] RIGHT TO ISSUANCE OF THE WRIT IS CLEAR AND INDISPUTABLE. THIRD, EVEN IF THE FIRST TWO PREREQUISITES HAVE BEEN MET, THE ISSUING COURT, IN THE EXERCISE OF ITS DISCRETION, MUST BE SATISFIED THAT THE WRIT IS APPROPRIATE UNDER THE CIRCUMSTANCES Page 15 STATEMENT OF JURISDICTION THIS COURT HAS JURISDICTION TO ISSUE A WRIT OF MANDAMUS TEX.GOV’T CODE 22.221(A); SEE TEX.CONST. ART. V. 6(A). Ne RESPECTFULLY SUBMITTED . 4205 METROPOLITAN AVE # 201 DALLAS TEXAS 75210 PHONE#2148287116 4-f- LOAF SEE APPENDIX AND EXHIBIT’S ATTACHED. Page 16 APPENDIS’ & EXHIBITS SEE EXHIBIT (A)& (B) ATTACHED, PLEASE. EXHIBIT (A) JUDGMENT AND SENTENCE 10-4-1991 EXHIBIT (B) CERTIFICATE OF PAROLE Page 17 ‘ATN_[IN DETAIL) _ ao \ TO EMHANCEMENT TAUE TO 2ND & SAD FINDINGS ON 25D & 3RD PARACRAPES GRAPHS) PARAGRAPHS __ENHANCEMENT = FOUND TRUE — JEADLY GEAPON: MONE FSENTERE 1SED: OCTOBER 4, 1991 COSTS! YESH [SMOIENT AND MW YEARS CONFINEMENT IN DATE TO 1€ OF COMFINEMENT: OF CORRECTE COMMENCE: OCTOBER 4, 1991 A FINE OF $ HOWE - — — — ne : NI ~ E CREDITED: FALQGI=1O/4/91 RESTITUTION /REPARATION 6 NO_ => SORRENT_HILESS OTAERDISE SPECIFIED. — = On this day, set forth above, the above styled and munbened cause came to trial. State of Texas and Defendant appeared by and ' through the above named attorneys and ounced ready for trial. De; in person in open court. Where Defendant not aepresented by counsel, Defendant knowingly, antettigentty, and voluntarily waived — night to representation by cowmel. Defendant ha been duly arraigned and it appearing day, nen the Court that Defendant was competent wing entered the above shown plea the changing instrument, both parties announced fon trial. Defendant, in person dn uniting ia open Court having waived hia raght of triad by jury, and where shown above t the charging instrument was by information anstead of indictment, the De(endant dit, h the consent and approvel of his attorney, of t! me the State, and the Count, ve his right to packecution by indictment and agaee to be faced on an aftidavit and ormation; al£ such waivers, agreements and consents being in writeng and §ifed in the was of this cause prior to the Defendant ent The Count having heaad the inetrument reat, the above shown plea of the endant, the evidence subsitted and argument of counsel, found Defendant ense 4s shoun above and that the offense was committed anid Defendant Mn Be. late sek th above. The Court makes ita findings as to deadly weapon aestifution o& reparation set forth above. And shen shown above that the chaagang instrument contains enhancement paragaaph(s, (Continued) 8 iohth abovz, tkz abovz itylzd and numbzhzd cauiz came to thiol. Thz Statz oi Tzxai and Vzizndant appzanzd by and thnough tkz abovz named attonnzyi and announczd hzady boh. thiol. Vzizndant appzahzd In pzhion -in opzn count. Whzhz Vzizndant wo* not nzphzizntzd by tkz nightto coumzl, Vzizndant knowingly, intelligently, and voluntanlly waived hzphzizntation by coumzl. Vzizndant having been duly annalgnzd and -it appzahAjig to thz Count that Vzizndant uiai mentally compztznt, and having zntznzd thz abovz thorn plza to thz changing inithumznt, both pantizt. announczd mzady ion thiol. Vzizndant, -in pzuon ang In uniting In opzn Count having waived hi& night oi thiol by juny, and uihzhz ihouin abovz that thz changing Inithumznt uxu> by Inionmatlon In&tzad oi Indictment, thz Vzizndant did, laith thz con&znt and appnoval oi hli attohnzy, oi thz attonnzy ion thz Statz, and thz Count, uoalvz hl& night to pnoizcutlon by Indictment and aghzz to be thizd on an aii-idav-U and Inionmatlon} all iuch walvehi, agnzzmznti and coniznti being In uinltung and i-ilzd In thz papzhi oi thli cauiz pnlon. to thz Vzizndant zntzning hit, plza hznzin. Thz Count having hzand thz changing Imtnwnznt head, thz abovz ihouin plza oi Vzizndant, thz nas = kta * oe os ar 22. a 8 oe ” ae Page 18 —— q § eyh tate of Texas . DPO } >i i Eveyeaqre 9) pacP l Ex of i PS NO:ee 02516459 eee So Y TEXAS — DEPARTMENT of CRIMINAL JUSTICE BS bay PARDONS and PAROLES DIVISION Certificate of Parole TA KNOW ALL MEN BY THESE PRESENTS Tbe Texas Department of Criminal Justice Pardons and Paroles Division of the State of Texas has been furnished information by the Texas Department of Criminal Justice Institutional Diviston that MITCHELL,ROBERT WAYNE 00599854 B Name TDCI No. pow confined In the Texas Department of Criminal Justice Institutional Divislon Js eligible for PAROLE under the provision of Art. 42.18 C.C.P. A satisfactory release plan hes been submitted; THEREFORE, the Board of Pardons aad Paroles hereby orders that the said inmate be released under Parole to the confines of the state and that he shall be deemed on -parole und that he shall tmmedistely report as Indicated below for supervision under the officer to whom he shall be assigned: DALLAS DPO IV You will report to your assigned 2505 S. SECOND AVE Parole Officer within 24 hours of DALLAS, TX 15210 release. Failure to do so will cancel your eligibility for further gate money funds. and that he be permitted to be at liberty im the legal custody of the Texas Department of Criminal Justice Institutional Division but amenable to the orders of the Board of Pardons and Paroles and the Pardons and Paroles Division, and under the rules lee and conditions of parole. The period of perole shall be for a period equivalent to the maximum term for which the prisoner wis sentenced less calendar (ime actually served ou the sentence. The time to he served under parole Is also calculated as calendar time. This permit to be at liberty on parole is gramted upon condition that the said inmate shall observe and perform all the rules and conditions shown on the reverse of this certificate and any Special Conditions listed which are imposed shall be indicated below by listing their corresponding letter(s) or specifying the context in writing below or in an attachment hereto. This certificate shall become effective when eligibility requirements for parole under Art. 42.18 C.C.P. have been attained by said i> inmate and whed all rules and conditions both general and special are agreed to by said inmate. BE IT FURTHER KNOWN THAT ANY VIOLATION OF SUCH RULES OR CONDITIONS SHALL BE SUFFICIENT CAUSE FOR REVOCATION OF THIS PAROLE, AND THAT ALL TIME SERVED ON PAROLE SHALL BE FORFEITED. IPECIAL CONDITIONS WE @) 0 Legal County of Residence DALLAS Approved County of Release: DALLAS i jue ‘a: ISSUED BY ORDER OF THE BOARD OF PARDONS AND PAROLES. AND UNDER THE SEAL, is) OF THE TEXAS DEPARTMENT ad CRIMINAL newer AT 9g UST. ta TEXAS ON THIS THE DAY OF if Parole is satisfactoril completed, Discharge Date will be ‘Wae) co Page 19 CERTIFICATE OF SERVICE | DO HEREBY CERTIFY THAT A TURE AND CORRECT COPY OF THE ABOVE FOREGOING WILL SERVED BY PLACE SAME IN THE UNITED STATES MAIL, POST PREPAID, ON 04- -2023, ADDRESSED TO THE. BELOW ALSO, MS. FELICIA PITRE, DISTRICT CLERK, FRANK CROWLEY COURTS BUILDINING 133 N. RIVERFRONT BLVD., LB-19 DALLAS, TEXAS 75207-4399 THE 283"° JUDICIAL DISTRICT COURT DALLAS COUNTY, TEXAS FRANK CROWLEY COURTS BUILDING 133 N. RIVERFRONT BLVD., DALLAS, TEXAS 75207 T.D.C.J.ID., PAROLE DIVISION-TIME AND CALCULATION, ATTORNEY OF RECORD ATTORNEY GENERAL OF TEXAS P.0.BOX 12548, CAPITOL STATION AUSTIN, TEXAS 4-E-2023 Page 20 a4 fos vv NO. DC-23-04417 y EYLED 23 HAY 22 AKIO: 46 ROBERT WAYNE MITCHELL SR. IN THE M-298™ COURT OTA PITRE Meee PETITIONER DALLAS COU IN TEXASAS G8. vs. CIVILJUDICIAI DEPUTY: BRYAN COLLIER, TDCJ, PAROLE, RESPONDENT PROPOSED JUDGMENT COMES NOW PETITIONER, ROBERT WAYNE MITCHELL SR, AND WILL SHOW AS FOLLOWS: 1. DISCOVERY CONTROL PLAN EXHIBIT# 1 (W87-70604-T(A) ATTACHED. EXHIBIT#2) THE STATE OF TEXAS, STATE AUDITOR AND AUDIT REPORT ON TDCJ, BOARD OF PARDONS AND PAROLES, DETAILED RESULTS PAGE 15 TEXAS GOVERNMENT CODE, SECTION 508.283. 2. PARTIES ~ ALL PAROLE OFFICE'S FROM 7-21-2021 UNTIL NOW. ALL ACTION BY TDCJ FROM 7990 PAROLE. 3.FACTUAL BACKGROUND 1979 SENTENCE OF 7 YEARS FOR A PLEA BARGAIN ARMED ROBBERY SENTENCE END 1986. 4,CAUSE OF ACTION Page 21 RETALIATION & AMERICANS WITH DISABILITIES SEE ATTACHED EXHIBIT#3 RECORD FROM THE DEPARTMENT OF THE ARMY EXHIBIT#1 PERSONALITY DISORDER ALSO SEE EXHIBIT#2 BACK, FROM 1974. TDC) PAROLE TOOK AN ADVERSE ACTION, AND THERE IS A DIRECT CONNECTION BETWEEN THE PROTECTED ACTIVITY AND THE ADVERSE ACTION. 5.DEMAND. TEXAS GOVERNMENT CODE 497.096. 33.3 MILLION THE TIM COLE’S ACT. 6.DAMAGES. GLAUCOMA, ALL MEDICAL ISSUES AND ANY AND ALL UNDER THE TIM COLE’S ACT. 7. ATTORNEY FEES. ,' a FEES PAID BY TDCJ-PAROLE- BY AND FROM THE TEXAS COMPTROLLER’S OFFICE. i : Page 22 8.APPLICATION FOR TEMPORARY INJUNCTION. 1 | SEE EXHIBIT#4 CORRECTIONAL MANAGED CARE CLINIC NOTES ATTACHED DATE 10/17/2012. AND ALSO SEE ATTACHED EXHIBITHS IRHYTHM ZIO XT PATCH WARNING START DATE 5/19/2023. SEE EXHIBIT#6 FAMILY OF WOMAN WHO DIED IN TEXAS JAIL AWARDED $7 MILLION.ATTACHED. 9.ADDITIONAL RELIEF REQUESTED. CEASE AND DESIST. AND THE ACCOUNTABILITY OF THE AMOUNT CONTINUE TO GROW UNTIL THE CEASE-AND-DESIST STOPS THE VIOLATION OF MY RIGHTS. 10.REMEDIES RQUESTED. JUDGMENT BY LAW. Page 23 STATEMENT OF JURISDICTION THis COURT HAS JURISDICTION TO ISSUE A WRIT OF MANDAMUS TEX.GOV’T CODE 22.221(A). SEE TEX.CONST. ART. V. 6{A). PRAYER MY THE HONORABLE COURT BE GRANT THE UNDERSTANDING OF THE RIGHTS AND VIOLATIONS OF THEM, AFTER A VERDICTA PARTY MAY OBTAIN JUDGMENT BY TENDERING A PROPOSED JUDGMENT TO THE COURT FOR SIGNATURT, ALSO SEE EVIDENCE OF DULY ACCEPTED GUILT EXHIBIT#2 ATTACHED. coma a RESPECTFU! k4 ROBERT WAYNE MITCHELL SR. 4205 METROPOLITAN AVE #201 DALLAS TX 75210 5{.),{2023 Page 24 SEE APPENDIX AND EXHIBITS ATTACHED. APPENDIS’ & EXHIBITS SEE EXHIBIT’S ATTACHED, PLEASE. Page 25 CERTIFICATE OF SERVICE 1 DO HEREBY CERTIFY THAT A TURE AND CORRECT COPY OF THE ABOVE FOREGOING WILL SERVED BY PLACE SAME IN THE UNITED STATES MAIL, POST PREPAID, ON 05- -2023, ADDRESSED TO THE. BELOW ALSO, MS. FELICIA PITRE, DISTRICT CLERK, GEORGE ALLEN COURTS BUILDINING 600 COMMERCE ST DALLAS, TEXAS 75202 THE 298™ CIVIL DISTRICT COURT DALLAS COUNTY, TEXAS GEORGE ALLEN COURTS BUILDING 600 COMMERCE ST DALLAS, TEXAS 75202 _ Page 26 T.D.C.J.ID., PAROLE DIVISION-TIME AND CALCULATION, ATTORNEY OF RECORD ATTORNEY GENERAL OF.TEXAS P.O.BOX 12548, CAPITOL STATION AUSTIN, TEXAS 78711 FZ lene zte2e,J, ~ S- 23-29 Page 27 ses at Exh, 2 eres cretion sees th Rebeat Wape seehel\ “Te The Distaict Court alles, Texas VS. The State ot Tess oe gies? : ° gx Dudes Mieract Bonnd of Radars and Baek Cruse Wormer 81 JAN29 wid:97 rpus. DodicgpdCh A Went Qf Velbens Co itdsal ax ert, Wayne Witelnet | Revw RAS co me . pro Vo ane honorable, Judge Oe =F82 ed . cause. A YY Fil es Onis , he s APY ications Toa Ruatt Sr yl NACE. pro St. We would Show ov e Appicawt Yo ne Al B R WH T Conpos peas ur nt Lo KH Veoens he Court The Lelong - Fact vroder The colon A. Replicant Sa eResewtl Nesey RESE RNasinved as of We 5 Ripert le A- TOC. vw oodvlle , \evas Ff steve \pus bb nad of Pradons a Tr BO.Box 1000 Bib Lents Zip ISTWO- ecistan & \ Pous,A oS sven does trast po 3ses5 he a Ape\icant ts © Vieques of Ane ” Lenses $° avis ®& \mayer And Requests Unis Count nrot Snim ** Cinaatzatcle‘neni eR As CCP red, % WAN CQwste JM Ane-PREV ones \ whe CO) (es! orc te nd Applicant he AVORADLY . e Sa me O8 qnodsFied Lars NEAWNSy ak On Uou maybe Contirned ors SOPERWSION Vd) 0 xo Revochl agceed (5) Yaansfered to a Secured Fad Vy oR elievesHe *$ ot, ercd to # Sea aed Fahey Ye b cant, ‘welteves _ Re Apgicant was Ananei Ree Crake. Age oe A State x wto letions- 18 9 A Stmte of Revocntfans, Het Vw Relies ow EX Paak e. Comada the distinctions Is most And Papies ue Sus TSH 8 LUO ar LLB