Jeffrey Westbrook
all letters
Jeffrey Westbrook
transcription
Thursday, 6 July 2023
Tyler Walton , Esq.
Jailhouse Lawyer Initiative
New York University Law School
139 MacDougal Street
Room B20 New York NY 10012
Gulag greetings Tyler,
I wish to enclose my Consent Form , and to share one of the worst decisions I've read in a long time and there's no shortage of them in hostile Texas courts, Federal and state). And as always , I'm genuinely grateful for your time and consideration.
The case is De Marco u. Bunun, 2020 U.S. Dist. LEXIS 195674 (N.D. Te-Wichin Falls Div. 9/29/201; rudderstamped of 50 F.4d 479 (5dl Cir. 202). I'm very disturbed by their rudderstamping in in a published(i.e. not Fed. Appeal) this precedentiad opinion (those are rare here in prisoner cases).
The District Judge who lords over all cases in the Wichita Falls Division it MAGA nutdog [redacted], and he has hostility to prisoner lawsuits is obvious. Especially, as here, he was originally reversed ( de a pro se prisoner , no less), Sec De Marco w. Davis, 914 F.3 383, 390 (5 ,2019), reversing to determine whether confiscation was related to a valid objectives
After remand, Judge [redacted] eagerly feasted upon the danger of F BS Mar TDCJ knotted out.
Specifically, whey stated that requiring When to have law property in his locker is justified dy coverall "maintaining prison Security." But Fatal to that pretextual crap is their Affidavit stating that it's to make sure no " offender can gain access to the property which can lead to trafficking and contraband violations thereby compromising prison security." Well , that's certainly vague enough to cover every thing...
But here's the problem: The most expensive Items we own - the ones most profitable to steal do not have to be stored in our locker when we leave are cells! And the Court noted this , but did not elaborate at all - clearly because it demolishes [redacted]'s idiotic reasoning ! We do not have to store our typewriter (360), tennis shoes (49), hotpot (25), Fan (23), or radio ("20). Sex Offender Handbook (Ch.): I.J.13,21); UJ AD-3.72 (Piques Directive cited in options). So , we have to store cheap books in our locker, but not our most expensive property ? And to doot,our lockers do not have locks on them , so anyone can get whatever's "secured" contained therein! (DeMarco hapened here- and is still happening).
Finally, even though TDCI policies provide For an "additional storage container," we're never issued no matter how over-qualified we are ( it's porel, "window dressing"). But the Courts said that's fine because we're no "risk" to one in the First place, policy be damned!
And that is precedent ! By issuing a published opinion , the Fifth Circuit's message is clear: no property-storage Issues will over de successful! I'm preparing to litigate the same issues , and have no idea if I can distinguish mine an grounds noted above (prefectural non-justification), and also retaliation? See Comer v. & Roth, 2022 U.S. Ap. LEXIS 525 *5th Circuit. 1/7/22); Hope v. Harris, 861 F.J. Aga 57] (5th Cir 1021); Stacker v Ally 805 Fed. App 293 (5th Cir 2020), and Walther Saus,658 Fed.Ap. 720(5th Cir.2016).
At one time, you could argue that TDCJ's policies created a "property Interest," but now the Fifth Circuit has ruled that voting Isn't any Form & property of liberty Interest, so literally no issues are created by state policies! Richardson vs. Hughes, ,978 F3, 20, 230(5th Cir.2020). And as they remind us , Failure to Follow their own policies is never a violation! See Florence v. Rollins, 2018 Tex. App LEXIS 10604; 3 Te. App. Amaril,o 12/19/18) (TDCJ policies are clear);Florence v. Coe 2018 Tex. App. LEXI 9532 at *4 (Tex. Ap- Amarillo 11/20/19), a it's hold with. See Guillot v. Russel, 59 F. 4ed, 743, 753 (5th Cir. 2023). So...Job 3:23-26 / 15:31 (ESV)
Our hope is that every thing happened on the Robertson Unit (Adilene), So I've valid venue there, not here - and Judge [redacted] does not hear Adilene cases. A Lubbock district and magistrate judge do , and their last cases are For more Friendly, Bus when's sill the Uber-hostile Fifth Circuit ...
Mindful of Proverbs 25:17, Sirach 2:13-15(NRSV), I'll shut up.
Take care , and best wishes For hearts, health, happiness, prosperity and a spectacular Summer!
Respectfully yours,
Jeffrey D. Westbrook
Allred- 67028]
2101 FM Rond 369 North
Iowa Part TX 76367-6568
P.S. Transferred to the Allredneck Shithole on April 7th (still waiting on property)