(Download) "Moore v. Zeller" by In the Court of Appeals Ninth District of Texas at Beaumont * eBook PDF Kindle ePub Free
eBook details
- Title: Moore v. Zeller
- Author : In the Court of Appeals Ninth District of Texas at Beaumont
- Release Date : January 22, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Charles Moore, an inmate in the Texas Department of Criminal Justice, Correctional Institutions Division, filed a civil rights suit against Correctional Institutions Division employees James R. Zeller, Lloyd Massey, Timothy Hindsman, Michael Hinote, Beverly Brown, Johnny Thompson, Sophia Miller, Gail Shelton, and Brenda Farr. Seven of the nine defendants filed a joint answer; only Zeller and Hinote did not answer. Said answer alleged, inter alia, that Moore failed to prove he exhausted all administrative remedies within the penal grievance system before initiating the lawsuit. See Tex. Civ. Prac. & Rem. Code Ann. § 14.005(a) (Vernon 2002). The defendants also contended that because Moore failed to file proper documentation under section 14.005(a), there is no proof that Moore filed his lawsuit within thirty-one days following his receiving the written decision from the administrative grievance system, as mandated by section 14.005(b). In dismissing Moores lawsuit, the trial court found that Moores petition was not in compliance with the requirements set forth in Texas Civil Practice and Remedies Code, Chapter 14. Moores lawsuit was dismissed without prejudice. Moore raises three issues challenging the trial courts dismissal of his lawsuit.
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