Re: Request for Ruling on Timely Filed Motion to Vacate – Cause No. F1612037

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Subject: Follow-Up on Unfiled August 19, 2025, Email – Motion to Vacate (Cause No. F1612037)


Dear Ms. Pitre and Ms. Davis,
I am following up on my August 19, 2025, email to Hon. Audrey Riley requesting a ruling on my Motion to Vacate (Cause No. F1612037), filed December 23, 2022, after a 4-month delay from its September 2, 2022, postmark. It remains unfiled as of today, consistent with the Court's past handling of my submissions.
I plan to call the Court this morning to seek assistance. Please confirm the email's status in writing and kindly schedule a hearing, as I am entitled to a timely ruling under Texas law and due process.
Thank you for your support.
Sincerely,
Babak Taherzadeh
4001 Walnut Tree Ln. 
Brookshire, TX 77423
214-533-4005

On Tue, Aug 19, 2025 at 8:55 AM Babak Taherzadeh <babaktaherzadeh@gmail.com> wrote:

Subject: Request for Ruling on Timely Filed Motion to Vacate – Cause No. F1612037


To: Hon. Audrey Riley

Criminal District Court #3


Your Honor,


I respectfully bring to the Court's attention a Motion to Vacate that I timely filed in Cause No. F1612037, State of Texas v. Babak Taherzadeh. While confined in the Dallas County Jail, my only means of filing was by mail. The motion was mailed on September 1, 2022, addressed to this Court. The United States Postal Service postmarked the envelope on September 2, 2022, and proof of this mailing is attached.


Despite this, the Dallas County Clerk did not apply its file-stamp until December 23, 2022—nearly four months later. This delay was entirely outside my control, yet as a matter of law the motion remains timely and properly before the Court.


The Motion to Vacate directly challenges the disqualification issues under the Texas Constitution and addresses violations of my right to fair adjudication. It is also important to note that this Court, presided over by Your Honor, has previously acted in this case, as reflected in the chronological records. That history makes this Court the proper forum to resolve the pending motion.


I must also raise a serious concern. It appears that a small group—including Christina O'Neil, serving as chief counsel to the judiciary—has engaged in extrajudicial and administrative misconduct in connection with this matter. These actions, taken on behalf of the alleged victim, have suppressed filings and undermined the independence of this Court. Such conduct cannot strip Your Honor of jurisdiction nor prevent the Court from exercising its lawful authority to rule on a timely and properly filed motion.


For clarity and preservation of the record, I have attached the following exhibits:

  • Exhibit A – Motion to Vacate (bearing Clerk's file-stamp of December 23, 2022)

  • Exhibit B – Mailing envelope showing USPS postmark of September 2, 2022

  • Exhibit C – Dallas County Clerk file-stamp receipt dated December 23, 2022

  • Exhibit D – Letter

  • Exhibit E – Chronological record entries showing Court #3 actions in this case

  • Exhibit F , G,  H – Related correspondence and notices reflecting prior judicial involvement


I respectfully request that the Court acknowledge and act upon this timely filed Motion to Vacate, as it remains pending and undetermined. As the movant, I am entitled to vacatur when such a motion is properly before the Court and unresolved.


Thank you for your attention to this matter.


Respectfully,

Babak Taherzadeh

214-533-4005

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