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Cause No. 2012-24678 PATRICIA ANN POTTS, Plaintiff, vs.

Filed 12 May 18 A9:40 Chris Daniel- District Clerk Harris County ED101J016886186 By: Wanda Oakley

IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS

TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, et al Defendants

257TH JUDICIAL DISTRICT

OBJECTION and REQUEST FOR ORDER DIRECTING DISTRICT CLERK TO STOP DEPRIVING PLAINTIFF OF RIGHT TO PROCEED INFORMA PAUPERIS IN THIS LAWSUIT COMES PLAINTIFF Patricia Potts to Object to Defendant District Clerk’s deprivation of my right to proceed without payment of any cost or fee as provided for in TRCP Rule 145, and to make request to Honorable Family Judge for Orders directing Defendant District Clerk to comply with TRCP Rule 145, and to lawfully provide all service, writs, subpoena, and processes necessary to enable me to prosecute this lawsuit, without payment of any cost or fee as provided for in TRCP Rule 145. I am a Party who is unable to afford costs. I receive governmental entitlement based on my indigency, and I have submitted affidavit of indigency attesting to all of the above to Clerk pursuant to TRCP Rule 145. (See attached Exhibit A – my paupers oath submitted to District Clerk) But District Clerk has refused to comply with TRCP Rule 145. District Clerk has refused my request to issue citation and serve Defendants in this case, and Clerk has continued to improperly charge me court fees and E-filing Service fees contrary to TRCP Rule 145. (See attached Exhibits B and C – E-Filing Provider Receipt and Record showing request for District Clerk to serve process to Defendants, and $50 in court fees and E-Filing Service fees charged to me and paid for by me.) It appears that Defendants of this case have not been served with citation and copy of petition despite my request to District Clerk submitted on April 27, 2012. And on May 17, 2012, I made 2nd attempt to re-efile lawsuit and to purchase process service upon only one Defendant in this lawsuit from E-filing Service Provider. But Clerk interfered by rejecting filing and notifying E-filing Service Provider not to provide purchased Service of Process to Defendant Texas Department of Family and Protective Services. (See attached Exhibit D – Clerk’s E-mail rejecting my attempt to re-efile and purchase Service of Process upon only one Defendant from E-Filing Provider)

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Cause No. 2012-24678 PATRICIA ANN POTTS, Plaintiff, vs.

IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS

TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, et al Defendants

257TH JUDICIAL DISTRICT

ORDER On this date came on for consideration PLAINTIFF’S OBJECTION AND REQUEST FOR ORDER DIRECTING DISTRICT CLERK TO STOP DEPRIVING PLAINTIFF OF RIGHT TO PROCEED INFORMA PAUPERIS IN THIS LAWSUIT, and the Court, having reviewed the motion, is of the opinion that the Motion should be GRANTED.

IT IS THEREFORE ORDERED that District Clerk: (1) stop depriving Plaintiff of informa pauperis status in this lawsuit, (2) refund $50 in court fees and e-filing service fees already paid by Plaintiff, (3) issue citation and serve upon Defendants of this lawsuit, along with original and 1st amended petition for Bill of Review and notices filed to his lawsuit, and (4) provide all such further service, writs, subpoena, and processes necessary to enable Plaintiff to prosecute this lawsuit, without payment of any cost or fee, and as provided for in TRCP Rule 145. SIGNED this ________ day of ___________________20____.

___________________________________ JUDGE PRESIDING Page 3 of 8


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PATRICIA A. POTTS  

WHISTLEBLOWER PRO SE LITIGATION

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