Petition for Writ of Certiorari — Ernest Bustos, Petitioner v. Encino Park Homeowners Association, et al.

Supreme Court briefOct 30, 2023

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ERNEST BUSTOS,

Petitioner

v.

ENCINO PARK HOME OWNERS ASSOCIATION AND SPECTRM

ASSOCIATION MANAGEMENT LP

Respondents

On Petition for Writ of Certiorari to

The Court Of Appeals Texas San Antonio

PETITION FOR WRIT OF CERTIORARI

Ernest Bustos

Petitioner

In Propria Persona

2163 Encino Loop

San Antonio, Texas 78259

(210) 313-3787

erblassoc2@aol.com

I

QUESTIONS PRESENTED

Whether the Court violated Petitioner’s protected rights preventing the

appeal to move forward failing to compare and evaluate the conduct of the

Respondent’s false representations ignoring that Respondents’ complaint

was frivolous show the custodian of record affidavit was fraudulent.

\

Whether the Court showed bias when dealing with pro se litigant ignoring

well establish Supreme Court case law dealing with Pro se litigants

violating his constitutional rights under the 14th Amendment Access to

courts and Equal Protection Clause and Fifth Amendment Due Process of

Law.

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n

IDENTYITY OF PARTIES

Petitioner: Ernest Bustos Pro se

Petitioner:

Ernest Bustos

2163 Encino Loop

San Antonio, Texas 78259

Telephone: (210) 313-3787

erblassoc2@aol.com

Respondent: Encino Park Homeowners Association

Respondent’s Appellate Counsel:

Appellate Counsel:

Kyle D. Giacco; SBN: 07839150

Email: kgiacco@dawray.com

Willie Ben Daw, III

wbdaw@dawrav.com

Suleha F. Shaikh; SBN: 24098411

Email: sshaikh@dawray.com

5718 Westheimer, Suite 1400

Houston, Texas 77057

(713) 226-3121 Telephone

(713) 266-3188

Respondent’s Trial Counsel:

Elliott S. Cappuccio

2161 NW Military Highway, Suite 400

San Antonio, TX 78213.

ecappuccio@pulmanlaw.com

m

TABLE OF CONTENTS

Page

QUESTIONS PRESENTED

n

IDENTITY OF PARTIES AND COUNSEL

m

PETITION FOR WRIT OF CERTIORARI

1

OPINIONS BELOW

1

JURISDICTION

1

CONSTITUTIONAL AND STATUTORY PROVISIONS

1

STATEMENT OF THE CASE.

2,3,4,5,6,7,8,9,10,11

11,12

CONCLUSION

REASONS FOR GRANTING THE WRIT

11

APPENDIX:

Court of Appeals Texas San Antonio Opinion 04-21-00009-CV

App. A

Court cf Appeals Texas San Antonio Opinion 04-19-00311-CV

App. B

Court of Appeals Texas San Antonio Order denying rehearing

App. C

Court of Appeals Texas San Antonio Order denying en banc

Reconsideration...............................................................................

App. D

Texas Supreme Court Petition for Review Denied

App. E

Texas Supreme Court Motion for Rehearing Denied

App. F

TABLE OF AUTHORITIES

Snyder v. Massachusetts, 291 U S. 97, 105 (1934)

McNeil v United States, 508 US. 106

1

1,2

IV

Bocquet v. Herring, 972 SW 2d 19- Tex: Supreme Court 1998

3

Commissioners Court v. Agan, 940 S.W.2d 77, 81 (Tex.1997)

3

Barshop v. Medina County Underground Water Conservation Dist., 925

3

S.W.2d 618, 637-638 (Tex. 1996)

Texas Educ. Agency v. Leeper; 893 S.W.2d 432, 444-446 (Tex. 1994)

3

EdgewoodIndep. Sch. Dist. v. Kirby, 111 S.W.2d 391, 398-399 (Tex.1989).... 3

Duncan v. Pogue, 759 S.W.2d 435, 435-436 (Tex. 1988)

3

Oake v. Collin County, 692 S.W.2d 454, 455-456 (Tex. 1985)

3

Trevino v. American Nat'l Ins. Co., 140 Tex. 500, 168 S.W.2d 656, 606

(1943)............................................................................... ...................................

3

Stewart Title Guar. Co. v. Aiello, 941 S.W.2d 68, 73 (Tex.1997)

3

Snoke v. Republic Underwriters Ins. Co., 770 S.W.2d 777, 778 (Tex. 1989)

3

(per curiam)

Great Am. Reserve Ins. Co. v. Britton, 406 S.W.2d 901, 907 (Tex. 1966)

3

GulfPaving Co. v. Lofstedt, 144 Tex. 17, 188 S.W.2d 155, 160-161 (1945)

3

Johnson v. Universal Life & Accident Ins. Co., 127 Tex. 435, 94 S.W.2d 1145,

3

1146 (1936)

General Motors Corp. v. Bloyed, 916 S.W.2d 949, 961 (Tex.1996)

3

Arthur Andersen, 945 S.W.2d at 818

3

Knebelv. Capital Nat'l Bank, 518 S.W.2d 795, 799 (Tex. 1974)

3

Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388, 133 S.W.2d 124, 126

3

(1939)

Murff v. Murff, 6l5 S.W.2d 696, 699-700 (Tex.l981);Car7e v. Carle, 149 Tex.

3

469, 234 S.W.2d 1002, 1005 (1950)

v.

Carle v. Carle, 149 Tex. 469, 234 S.W.2d 1002, 1005 (1950)

3

Goode v. Shoukfeh, 943 S.W.2d 441, 446 (Tex. 1997),

4

Beaumont Bank v. Buller, 806 S.W.2d 223, 226 (Tex.1991)

4

Platsky v. CIA, 953 F. 2d, 26, 28 (1991)

Maty v. Grasselli Chemical Co., 303 U.S. 197 (1938)

5,8,10,12

9,10,11

ITL Int% Inc. v. Cafe Soluble, S.A., 464 F. App’x 241, 244 (5th Cir. 2012)

8,9

(unpub.)

WILLIAM MCNEIL, PETITIONER v. UNITED STATES 113 S. Ct. 1980, 124 L.

8

Ed. 2d 21, 61 U.S.L.W. 4468

Am. Realty Tr., Inc. v. Hamilton Lane Advisors, Inc., 115 F. App’x 662, 667

9

(5th Cir. 2004) (unpub.))

Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 595, 30

L.Ed.2d 652 (1972).....................................................................

9,10

Conleyv. Gibson, 355 U. S. 41, 45-46 (1957)

9

Dioguardiv. Burning, 139 F. 2d 774 (CA2 1944)

9

Codes

Tex. Civ. Prac. & Rem. Code Sec 9.001.(3)(A)

2

Tex. Civ. Prac. & Rem. Sec Code 9.012. (e)(1)

2

Statues and regulation:

1

28 U.S.C. 1254(1)

Other Authorities:

Supreme Court Rule 13.5, 22, 30.2

Fourteenth Amendment rights Equal Protection Clause

vi.

1

1,9,10

Fifth Amendment rights Due Process

Texas Rule 1.04 of Texas Disciplinary Rules of Professional Conduct

r

Vll

1,9,10

2,3

1

PETITION FOR WRIT OF CERTIORARI

Ernest Bustos (Bustos) respectfully petitions for a writ of certiorari to review the

Opinion of Court of Appeals Texas San Antonio.

OPINION BELOW

The Court of Appeals Texas San Antonio Affirmed the trial courts orders garneting the

No Evidence Summary Judgement to Encino Park Homeowners Association

Petitioner’s appeal No. 04-21-00009

JURISDICTION

The Mandate Opinion of the court of appeals was entered on September 28, 2022.

Petition for rehearing was denied on October 17th, 2022. Motion for en banc

reconsideration was denied on November 02, 2022. Supreme Court of Texas Petition

for Review 22-111 denied March 24, 2023 Motion for Rehearing dined June 02, 2023.

The jurisdiction of this court is invoked under 28 U.S.C. 1254(1)

This Petition is timely under the Supreme Court Rule 13.5, 22 and 30.2 filed within

60-days of extension of time to file a petition for writ of certiorari.

CONSTITUTIONAL VIOLATIONS

Fourteenth Amendment, right to access to courts, Equal Protection Clause, Fifth

Amendment Due Process Pro se litigant’s right to fair hearings and impartial tribunal,

at a basic level, procedural due process is essentially based on the concept of

"fundamental fairness." Snyder v. Massachusetts, 291 U.S. 97. 105 (1934) As

construed by the courts, it includes panel making the final decision over the

proceedings be impartial in regards to the matter before them. McNeil v United

2

States, 508 US. 106: Moreover, given the clarity of the statutory text, it is certainly

not a "trap for the unwary."

STATEMENT OF THE CASE

I

WHETHER THE COURT VIOLATED PETITIONER’S PORTECTED RIGHTS

The Court of Appeals Texas San Antonio failure to fairly review the record

compromised the court’s impartiality, if had fairly reviewed the Petitioners motions,

the merits and the facts in the complaint it would have found that the Petitioner

exposed the Respondents’ complaint as meritless and frivolous under Tex. Civ. Prac. &

Rem. Code Sec. 9.001.(3)(A) and that it should have been stricken under Tex. Civ.

Prac. & Rem. Code Sec. 9.012. (e)(1) The striking of the pleading. This case is not a

dispute over payments, the Court’s Opinions relied on the Respondents false

representations, further the Court contorted the facts to fit its Opinion.

Further Judge Salinas April 11th 2019 Order vacated the February 12th 2019 No

Evidence Summary judgment finding genuine issues of material of fact, however her

order was contingent on $2,500 fees to the Respondent’s attorney requested for

responding to the motion to vacate. Petitioner filed a motion to vacate challenging

Judge Salinas’ Order for attorney fees as arbitrary and capricious. Instead of striking

of the pleading on her own motion after Petitioner showed the Affidavit was

fraudulent, exposing cause of action as meritless and feverous, further attorneys made

fraudulent statements concerning returned mail both verbally and in the response to

Petitioner’s motion to vacate violating standards prescribed in Rule 1.04 of Texas

3

Disciplinary Rules of Professional Conduct instead Judge Salinas awarded attorney

fees to the Respondent’s attorney which was clearly arbitrary and capricious outside of

the limitations on the court’s discretion.

Bocquet v. Herring, 972 SW 2d 19- Tex: Supreme Court 1998

The Declaratory Judgments Act does not require an award of attorney fees to

the prevailing party. Rather, it provides that the court “may” award attorney

fees. The Statue thus affords the trial court a measure of discretion in deciding

whether to award attorney fees or not. Commissioners Court v. Agan, 940

S.W.2d 77, 81 (Tex. 1997); Barshop v. Medina County Underground Water

Conservation Dist., 925 S.W.2d 618, 637-638 (Tex. 1996); Texas Educ. Agency v.

Leeper, 893 S.W.2d 432, 444-446 (Tex. 1994); Edgewood Indep. Sch. Dist. v.

Kirby 111 S.W.2d 391, 398-399 (Tex. 1989) Duncan v. Pogue, 759 S.W.2d 435,

435-436 (Tex. 1988); Oake v. Collin County, 692 S.W.2d 454, 455-456 (Tex.

1985).

The Act imposes four limitations on the court's discretion. The first is that fees

must be reasonable. In general, "[t]he reasonableness of attorney's fees, the

recovery of which is authorized by ... statute, is a question of fact for the jury's

determination." Trevino v. American Natl Ins. Co., 140 Tex. 500, 168 S.W.2d

656, 660 (1943). Accord: Stewart Title Guar. Co. v. Aiello, 941 S.W.2d 68, 73

(Tex.1997); Snoke v. Republic Underwriters Ins. Co., 770 S.W.2d 777, 778 (Tex.

1989) (per curiam); Great Am. Reserve Ins. Co. v. Britton, 406 S.W.2d 901, 907

(Tex. 1966); Gulf Paving Co. v. Lofstedt, 144 Tex. 17, 188 S.W.2d 155, 160-161

(1945); Johnson v. Universal Life & Accident Ins. Co., 127 Tex. 435, 94 S.W.2d

1145, 1146 (1936). The second limitation, that fees must be necessary, is

likewise a fact question. General Motors Corp. v. Bloyed, 916 S.W.2d 949, 961

(Tex. 1996). There are, of course, factors prescribed by law which guide the

determination of whether attorney fees are reasonable and necessary. Arthur

Andersen, 945 S.W.2d at 818 (quoting Tex. Disciplinary R. Prof. Conduct 1.04,

reprinted in Tex. Gov't Code., tit. 2, subtit. G app. (STATE BAR RULES, art. X,

§9)).

The Act's other two limitations on attorney fees awards are that they must be

equitable and just. Matters of equity are addressed to the trial court's

discretion. Knebel v. Capital Natl Bank, 518 S.W.2d 795, 799 (Tex. 1974);

Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388, 133 S.W.2d 124, 126 (1939).

So is the responsibility for just decisions. Murff v. Murff, 615 S.W.2d 696, 699700 (Tex. 1981); Carle v. Carle, 149 Tex. 469, 234 S.W.2d 1002, 1005 (1950).

In sum, then, the Declaratory Judgments Act entrusts attorney fee awards to

the trial court's sound discretion, subject to the requirements that any fees

awarded be reasonable and necessary, which are matters of fact, and to the

4

additional requirements that fees be equitable and just, which are matters of

law. It is an abuse of discretion for a trial court to rule arbitrarily,

unreasonably, or without regard to guiding legal principles, e.g., Goode v.

Shoukfeh, 943 S.W.2d 441, 446 (Tex.1997), or to rule without supporting

evidence, Beaumont Bank v. Buller, 806 S.W.2d 223, 226 (Tex. 1991). Therefore,

in reviewing an attorney fee award under the Act, the court of appeals must

determine whether the trial court abused its discretion by awarding fees when

there was insufficient evidence that the fees were reasonable and necessary, or

when the award was inequitable or unjust. Unreasonable fees cannot be

awarded, even if the court believed them just, but the court may conclude that it

is not equitable or just to award even reasonable and necessary fees. This multi­

faceted review involving both evidentiary and discretionary matters is required

by the language of the Act.

The Petitioner filed his second appeal requesting the Appellate Court to exercise its

discretion to review the merits and the facts to allow the appeal to move forward

explaining that he did not receive notice of Judge Noll’s order because of confusion

when he did he was very ill could not have done anything because he was bed ridden.

Further, Petitioner was unaware of the Texas Supreme Court standing co-vid order

because the court did not send notice of the standing order to extending time. The

Petitioner filed his appeal without a notice of appeal believing that time had passed to

file a notice of appeal. The court’s Conclusion states it refused exercise discretion

because the Petitioner notice of appeal was late even though he had not filed a notice.

The court contorted his request for the court to exercise its discretion as notice.

However, the Petitioner asked the court to exercise its discretion to review the merits,

the facts and the attorney’s fraudulent acts to allow the appeal to proceed. The court

went on to state that the Petitioner failed to use any of the means available to him to

5

make his notice of appeal timely, stating “we will not exercise our discretion to do so”1

even challenging his illness stating he did not disclose the cause of his illness in

violation of HIPAA. The Petitioner called the court to ask about time to file a Motion

For Rehearing en banc the clerk placed him on hold, when the clerk returned the clerk

told him that the Judge stated “don’t bother” showing disdain. The Court Opinions

showed the appearance of favoritism and impartiality.

The Appellate Court failed to take into consideration the full record when it refused to

exercise its discretion to allow both appeals to proceed instead it dismissed the

Petitioner’s appeal allowing the vacated summary judgment to stand. All the lower

courts accepted the unethical veracity of pleadings allowing the complaint to proceed

ignoring the Respondents’ Attorneys false representations, their false statements

without addressing them when court should have issued sanctions. Without moving

for a criminal complaint for perjury on its own motion, instead the lower courts

allowed Spectrum Association Management LP custodian of record perjured affidavit

as support to the complaint as true.2 The Appellate court ignored the unethical

veracity of pleadings and the custodian of record perjured affidavit. Instead the

Appellate Court repeated the Respondents’ false representations using them as the

basis in both of its Opinions. The Appellate Court ignored the Salinas courts order

1 Platsky v. CIA, 953 F. 2d, 26, 28 (1991). , "Court errs ifcourt dismisses pro se litigant without

instructions ofhow pleadings are deficient and how to repair pleadings. " “If the Court feels the

document was not properly titled or formatted then it has the duty to assist pro se litigants in modifying

their pleadings to enable them to go forward” between litigants. They should not raise barriers which

prevent the achievement of that end. Proper pleading is important, but its importance consists in its

effectiveness as a means to accomplish the end ofa justjudgment."

2 (CR 223 13 line 2) custodian of record Jennifer Nutt (Defendant has failed and continues to fail to pay

these assessments, which are just, due and owning.)

6

vacating the summary judgment after Petitioner showed genuine issues of material of

fact, instead the court’s opinion simply states the lower court granted the

Respondent’s motion for summary judgement purposely avoiding the Petitioner’s

allegations. The Petitioner filed a motion to vacate Judge Salinas order on April 18th,

2019 before the 10 day deadline of the court’s order awarding attorney’s fees. The

Motion for New Trial and Motion to Vacate Motions where heard on May 13th 2019

before The Honorable Angelica Jimenez, in the 408th Judicial District Court. Judge

Jimenez ruled the court no longer had plenary power denying the motion to vacate the

order dated April 11th, 2019 after the Respondents attorney misled the court on the

date of the Summary Judgment as February 27th 2019.

The Salinas court reviewed cancelled checks instructing how to apply the payments

and a letter instructing how to apply the payments, however the custodians of record

affidavit stated that the Petitioner refused to pay HQA assessments and a letter sent

to Respondent’s offering to settle before the suit was filed. The court question why

pa3unents were not applied as directed but did not question the custodians of record

affidavit. Further the Respondent’s response to the Petitioner’s motion to vacate made

fraudulent statements about the return of the certified mail sent to the Petitioner

stating it had been returned to the attorney it making the point that “was not

underived it was refused”.

The Petitioner’s motion to vacate no evidence summary judgement was victorious;

contesting the court’s order for attorney’s fees didn’t change the evidence the court

7

accepted as genuine issues of material of fact to vacate the February 12th 2019 no

evidence summary judgment.

The Fourth Court’s Opinions’ No. 04-21-00009-CV and 04-19-00311-CV relied on the

attorney’s fraudulent representations that the certified mail was returned when the

record clearly showed it wasn’t, the record also shows the February 12th 2019

Summary Judgement vacated. Further, the Respondent’s attorney wrote in the reply

to Petitioner’s motion to vacate that the certified mail was not underived it was

refused which was exposed as a fraudulent when Judge Salinas asked for proof the

attorney admitted it had not been returned3 yet the foundation of both of the Fourth

Court of Appeal Memorandum Opinion state that the summary judgement was issued

and the certified mail was returned and a no evidence summary judgement had been

issued to the Respondents advancing the Respondent’s fraudulent representation

which was repeated by the Respondent’s attorneys in every lower court. The court of

appeals dismissed the first appeal For Want of Jurisdiction because the Petitioner’s

counterclaim had not been dismissed. The Respondent filed a second fraudulent

motion for no evidence summary. Respondent’s attorneys represented to Judge Noll’s

court that a summary had already been issued leading the Noll court refused the same

information Judge Salinas reviewed to vacate the No Evidence Summary Judgment

3

(CR 147 ^17 line 3) “The certified mail was returned to Plaintiff’s attorneys' office and was

marked “unclaimed. ” Importantly, it was not marked “undeliverable. ” “Rather, in case the

Defendant simply chose not to claim the certified mail. ” RR Volume 2 Page 11 line 22 to line 25)

Mr. Kraus: The actual, I understand the actual document has not been returned to our office yet.

(RR Volume 2 Page 11 line 24 to Page 12 - - Page 13 line 1 to 3) Mr. Bustos: There is something

in here that I just read that said that it had been returned to the attorney. And 1 asked him for the

return and he said he didn 7 have it. Now, he admitted that it’s not been returned.

8

which was a part of the record introduced by the Respondents in their pleading calling

I

the evidence a bunch of papers on the grounds that the Petitioner did not include an

affidavit attesting to the evidence, ignoring the Respondents’ perjured affidavit. The

Petitioner argued that the evidence presented was on the record and was the same

evidence presented to vacate the Respondents no evidence summary judgement Judge

Noll court refused to allow the Petitioner to attest to the evidence or allow him to

repair his challenge to Respondents motion4 for No Evidence Summary Judgment;

instead the court granted the Respondents motion for no evidence summary without

prejudice. If the 4th court of appeals would have reviewed the record fully and fairly it

would found the court error and that the Noll court’s Order dismissing the Petitioner’s

counterclaim without prejudice was invalid because the court did not adjudicated on

the Petitioner’s counterclaim on the merits and the facts failing to follow WILLIAM

MCNEIL, PETITIONER v. UNITED STATES 113 S. Ct. 1980, 124 L. Ed. 2d 21, 61

U.S.L.W. 4468. Moreover, given the clarity of the statutory text, it is certainly not a

"trap for the unwary." Further noting in the Court’s Opinion addresses the fraudulent

affidavit of support or fraudulent representations. Fourth Court of Appeals states that

Petitioner admitted that he not paid the attorney fees but doesn’t address why.

Petitioner's, refusal to pay $2500 attorney's fee, the Appellate court ignores the

Petitioner’s Motion to Vacate the Court’s Order. Petitioner’s refusal to pay fees does

4 Platsky: v. CIA, 953 F. 2d, 26, 28 (1991); , "Court errs ifcourt dismisses pro se litigant without

instructions ofhow pleadings are deficient and how to repair pleadings. " “If the Court feels the

document was not properly titled or formatted then it has the duty to assist pro se litigants in modifying

their pleadings to enable them to go forward” between litigants. They should not raise barriers which

prevent the achievement of that end. Proper pleading is important, but its importance consists in its

effectiveness as a means to accomplish the end ofa justjudgment."

9

not change Judge Salinas’ finding of issues of material of fact vacating the February

12th 2019 summary judgment. The court violated his protected rights.

Fairness is a basic principle of due process, the complaint lacked substantial ground in

fact making the court’s order for attorney fees arbitrary and capricious. The courts

:

failed to adhere to well established Supreme Court decisions dealing with Pro se

litigants5 violating the Equal Protection Clause XIV protecting Petitioner from

unreasonable Restraint of access to the courts violating Due Process “No person shall

be deprived of life, liberty, or property, without due process of law.” See ITL Int’l, Inc.

v. Cafe Soluble, S.A., 464 F. App’x 241, 244 (5th Cir. 2012) (unpub.) Am. Realty Tr.,

Inc. v. Hamilton Lane Advisors, Inc., 115 F. App’x 662, 667 (5th Cir. 2004) (unpub.)).

The San Antonio Fourth Court of Appeals refusal to exercise its discretion to allow the

appeal to proceed stating the Petitioner failed to use any means available to him to

make a timely notice of appeal, even though the court’s opinion admits that the Texas

Supreme court had issued a stay due to co-vid, the court should not have been

surprised that the Petitioner was unware of the stay. The San Antonio Fourth Court of

Appeals failed to review of the merits and the facts raised by the Petitioner failing to

exercise its discretion refusing to allow the Petitioners appeal move forward due to a

late notice of appeal violating his constitutional rights and well found controlling

Supreme Court decisions when dealing with a Pro se litigant.6,? Simply stated the San

5 Maty v. Grasselli Chemical Co., 303 U.S. 197 (1938) “Pleadings are intended to serve as a means

of arriving at fair and just settlements of controversies between litigants. They should not raise

barriers which prevent the achievement of that end”.

6 Haines v. Kerner. 404 U.S. 519. 520. 92 S.Ct. 594. 595. 30 L.Ed.2d 652 (1972). We cannot say

with assurance that under the allegations of the pro se complaint, which we hold to less stringent

10

Antonio Fourth Court of Appeals violated the Petitioners Fourteenth Amendment,

right to access to courts, Equal Protection Clause, Fifth Amendment Due Process Pro

se litigant’s right to fair hearings and impartial tribunal.

II

WHETHER JUDGES ARE BIAS WHEN DEALING WITH PRO SE LITIGANTS

Conflicts arise when Pro se bring their complaints to court due to conflicting duties

when there is an issue in pro se cases they should be decided on the merits and facts

following Supreme Court decisions on pro se not on procedural error. The Judge

should look at the merits and facts in the complaint as a means to arriving at a fair

and just outcome to controversies not raise barriers which prevent the achievement of

that end.8

The San Antonio Fourth Court and the lower courts in involved in the Petitioner’s

hearings showed their bias and impartially dealing with a pro se litigant in direct

contradiction to well established and controlling Supreme Court’s decisions. The

constitution requires our justice system to serve as a means of arriving at fair and just

settlements of controversies between litigants, however when one of the litigants is pro

standards than formal pleadings drafted by lawyers, it appears S 2 I f 52] "beyond doubt that the

plaintiff can prove no set of facts in support of his claim which would entitle him to

relief." Conley v. Gibson, 355 U. S. 41, 45-46 (1957). See Dioguardi v. Durnins, 139 F. 2d 774

(CA2 1944)

7 Maty v. Grasselli.Chemical Co., 303 U.S. 197 (1938)

'

"Pleadings are intended to serve as a means of arriving at fair andjust settlements of controversies

between litigants. They should not raise barriers which prevent the achievement of that end".

8 Platsky v. CIA, 953 F. 2d, 26, 28 (1991). , "Court errs ifcourt dismisses pro se litigant without

instructions ofhow pleadings are deficient and how to repair pleadings. " “If the Court feels the

document was not properly titled or formatted then it has the duty to assist pro se litigants in modifying

their pleadings to enable them to go forward” between litigants. They should not raise barriers which

prevent the achievement ofthat end. Proper pleading is important, but its importance consists in its

effectiveness as a means to accomplish the end of ajustjudgment."

11

se the court is required by this Court’s decisions to assist pro se litigants to enable

them to go forward.

The Court should not raise barriers which prevent the

achievement of that end the importance consists in its effectiveness as a means to

accomplish the end of a just judgment. This means that the courts must offer a level

playing field with basic principles of fairness which in this case it is clear that the

lower court failed to do so.9 The Petitioner, found information on the internet that

Judges refuse to follow Supreme Court decisions which are the laws of the land in

favor of attorneys calling the Supreme Court decisions unfair to attorneys. Judges who

refuse to recognize Supreme Court decisions instead substitute the decisions with

their own desecration not to follow this court’s decisions should be removed.

A Judge isn’t bestowed with desecration to ignore the law of the land.

REASONS FOR GRANTING THE PETITION

Court of Appeals Texas San Antonio failure to exercise its Desecration failing to

evaluate the merits and the facts instead the Court’s Opinion only focuses on a late

notice of appeal that he did not file. Opinion violates the Pro se Petitioners Fourteenth

Amendment rights to equal protection of the law, right to access the courts and due

process of law. The Court of Appeals Texas San Antonio errored when it failed to

review merits and fact that exposed the Respondent’s fraudulent representations to

the court resulted in an unjust outcome and violation of the Respondent’s right to fair

hearings and impartial tribunal, a basic level, procedural due process is essentially

9 Maty v. Grasselli Chemical Co., 303 U.S. 197 (1938)

“Pleadings are intended to serve as a means of arriving at fair andjust settlements of controversies

between litigants. They should not raise barriers which prevent the achievement of that end”.

12

based on the concept of fundamental fairness. Every great society has failed when

those in power abuse those who they have power over are witnessing that today.

Allowing the Judges to continue to ignore Pro se litigant rights to fair hearings and

impartial tribunal is unconscionable and must end.

Simply stated; This Court that can change the Judge’s failure to follow well establish

case law by enforcing its decisions because so many judges have failed to do so and

some showing bias as is the case here.10

CONCLUSION

For the forgoing reasons, Petitioner request the United States Supreme Court grant

the review of Court of Appeals Texas San Antonio asking for the Petition for Writ of

Certiorari to be granted.

Respectfully submitted,

Ernest Bustos Petitioner

In Propria Persona

October 30, 2023

'° Platsky v. CIA, 953 F. 2d, 26, 28 (1991). , "Court errs if court dismisses pro se litigant without

instructions of how pleadings are deficient and how to repair pleadings." "If the Court feels the

document was not properly titled or formatted then it has the duty to assist pro se litigants in

modifying their pleadings to enable them to go forward” between litigants. They should not raise

barriers which prevent the achievement of that end. Proper pleading is important, but its

importance consists in its effectiveness as a means to accomplish the end of a just judgment"

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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