5th Appeals Court of Texas

05-20-00128-CV

There are no other parties to this case. There has been no trial either.

Brief

To see this is in the Public Interest please see the ​Affidavit for Petition​ and the attached ​Petition
of Public Interest​ a collection of signatures attached to the Court Reporter's record.

Sec. 45.103. ORDER. (a)​ ​The court shall order a change of name under this subchapter ...if the
change is in the interest or to the benefit of the petitioner and in the interest of the public.

41. Certificate of Criminal History Record Information​ p587, Dec 16th, 2019 see 587-594 for
State Required DPS and FBI Background Checks showing that I am not a Felon, I am not on
Probation, I am not fresh out of Prison, on Parole. Nothing. I meet State Requirements.

I. RELIGIOUS RIGHT TO CHANGE NAME

In this Case I am requesting that the State allow me to change my Christian Name, Ryan
Alexander Gallagher, on IDs and other various forms of State Documentation, to my Hindu
Name: Ryan Sasha-Shai Van Kush. ​In Re: Gallagher, DF-19-16008 Transcript​ p4 line17-25

See Court Clerk Records:

5. Petition to Change the Name of an Adult​ p10, Aug 14, 2019 see page 10 and 11 In this name
Change, on p10 of the Clerk's Record, you will see that I was also recently Married, and this
name change is for Marriage Reasons also. Which itself is a Religious Reason. It also lists on
p11 of the Clerk's record, same document, my Heritage, Hispanic-White, as I am ¼ Mexican,
and Hispanic White is now the Majority in Texas. Texas is a State with a Hispanic White
Majority.

14. Response Coherent Evidence of Residency​ p115, Oct 17th, 2019 see page 129 and 130 for
Marriage Certificate and picture of my Wife and I being Married in the Dallas County
Courthouse. ​In Re: Gallagher, DF-19-16008 Transcript​ p5 line9-22

14. Response Coherent Evidence of Residency​ p115, Oct 17th, 2019 see page 136 for Birth
Certificate, Box 15a shows that my Mom, Tracy Lopez, is of Hispanic Origin. Box 15b shows
she is of Mexican Descent. Page 137 and 138 and 139 is my Families Heritage. Native
American/Mexican, other Native mixed in, Spanish/Potuguese, and South European. ​In Re:
Gallagher, DF-19-16008 Transcript​ p5 line9-22
 27. Motion for Court to Recognize Heritage​ p409, Nov 18th, 2019 see page 409 to see my
Explanation of my National Heritage to the Court.

​23. Evidence of Religious Nature of Name Change​ p244 and p361, Oct 30, 2019 page 361 and
362 show the issue of "​Christian Names" i​ n both Texas and US Courts.

25. Religious Nature of Name Change​ p369, Nov 11th, 2019 see page 369 for Texas Religious
Freedom Restoration Act.

36. Notice of Ministry​ p429, Dec 12th, 2019 see page 429-442. Page 429 Explains the meaning
of the name Rev. Ryan Sasha-Shai Van Kush. Page 430 Explains Traditions of our Religion.
Page 431 and 432 show the similarity between the Christian Wine Eucharist during Alcohol
Prohibition and our own Eucharist in Texas. Page 433 is my Original Ministry Certificate from
2009. See pages 434-436 I have since founded my own Temple, FEIN#37-194939 and this is
our Tax Exempt Ruling letter from the Director of Rulings and Agreements from the IRS in the
Treasury Dept. Pages 437-442 is a Document called "​Explaining Shiva to the Western Mind"​
explaining Shaivism.

43. Affidavit of Religion​ p596, Dec 18th, 2019

This appeal comes on various Grounds, first and most obvious is clear Error.
See Court Clerk's Record:

26. Notice/Letter to Judge​ p403, Nov 18th, 2019 see 404-408 to see that I submitted
Fingerprints and paid for DPS and FBI Background checks.

31. Motion for De Novo Review​ p422, Nov 19th, 2019 see page 422 to see an Explanation of
Mistakes made by the Lower Court. This was during the time I was still waiting for the DPS and
FBI to return my background check.

32. Notice of De Novo Appeal to Referring Court…​ p424, Nov 19th, 2019
Same as 31.

33. Associate Judge's Report​ p426, Nov 19th, 2019 see page 426, it simply states​ "Petitioner
Ryan Gallagher made an appearance on today's date, and his request to legally change his
name is denied."​ with no legal reason.

II. STATE REQUIREMENTS

 41. Certificate of Criminal History Record Information​ p587, Dec 16th, 2019 see 587-594 for
State Required DPS and FBI Background Checks showing that I am not a Felon, I am not on
Probation, I am not fresh out of Prison, on Parole. Nothing. I meet State Requirements.

Sec. 45.102. REQUIREMENTS OF PETITION.

(a) A petition to change the name of an adult must be verified and include:

(1) the present name and place of residence of the petitioner;

(2) the full name requested for the petitioner;

(3) the reason the change in name is requested;

(4) whether the petitioner has been the subject of a final felony conviction;

(5) whether the petitioner is subject to the registration requirements of Chapter 62, Code of
Criminal Procedure; and

(6) a legible and complete set of the petitioner's fingerprints on a fingerprint card format
acceptable to the Department of Public Safety and the Federal Bureau of Investigation.

(b) The petition must include each of the following or a reasonable explanation why the required
information is not included:

(1) the petitioner's:

(A) full name;

(B) sex;

(C) race;

(D) date of birth;

(E) driver's license number for any driver's license issued in the 10 years preceding the date of
the petition;

(F) social security number; and

(G) assigned FBI number, state identification number, if known, or any other reference number
in a criminal history record system that identifies the petitioner;
 (2) any offense above the grade of Class C misdemeanor for which the petitioner has been
charged; and

(3) the case number and the court if a warrant was issued or a charging instrument was filed or
presented for an offense listed in Subsection (b)(2).

I met all State requirements for name change, and there is a Public Interest in allowing name
changes for Religious purposes, both under ​Texas Bill of Rights Article 6​ and ​TX Code Title 5
Chapter 110 TX RFRA​; as well as the ​1st Amendment​ of the US Constitution, the ​14th
Amendment​ and the ​9th Amendment​. I am not a Felon, I am not in Prison, on Parole, or
Probation or anything. I have met all State Requirements.
See Clerk's Record:

26. Notice/Letter to Judge​ p403, Nov 18th, 2019 see page 404-408 for Fingerprints sent by me
to the DPS and FBI to get a Certified Background Check, which I had to pay for in my financial
situation.

41. Certificate of Criminal History Record Information​ p587, Dec 16th, 2019 see 587-594 for
State Required DPS and FBI Background Checks showing that I am not a Felon, I am not on
Probation, I am not fresh out of Prison, on Parole. Nothing. I meet State Requirements.

IN RE: Kirson Barnes 13–13–00685–CV (TX App. 2015)

“In this case, even assuming that Barnes met the requirements of section 45.102(a), Barnes
judicially admitted in his pleading that he is currently incarcerated in the Texas Department of
Criminal Justice—Institutional Division for a felony conviction.   See DowElanco v. Benitez, 4
S.W.3d 866, 871 (Tex.App.—Corpus Christi, no pet.)  (“A judicial admission is a formal waiver
of proof, usually found in pleadings or the stipulations of the parties, that dispenses with the
production of evidence on an issue and bars the admitting party from disputing it.”).   A “final
felony conviction” prohibits a petitioner in Texas such as Barnes, who is still incarcerated, from
seeking a name change.   See also Tex. Fam.Code Ann. § 45.103(a).   Therefore, having
reviewed the record, we hold that the trial court did not abuse its discretion in denying Barnes's
request for name change pursuant to this provision.   We overrule Barnes's sole issue.”

Salahuddin v. Carlson, 523 F. Supp. 314 (E.D. Va. 1981)

Rahman v. Stephenson, 626 F. Supp. 886 (W.D. Tenn. 1986)
In Re Name Change Petition of Mullin, 892 So. 2d 1214 (Fla. Dist. Ct. App. 2005)
In Re Change of Name of Picollo, 668 N.W.2d 712 (Neb. Ct. App. 2003)

In Re Arnett, 148 Cal. App. 4th 654 (Cal. Ct. App. 2007)
“This is an appeal from the denial of a petition filed by a federal inmate seeking to change his
name from Timothy Wayne Arnett to August Damian Kokopelli.
 "One's name is a signboard to the world. It is one of the most permanent of
possessions; it remains when everything else is lost; it is owned by those who *2
possess nothing else. A name is the Only efficient means to describe someone to
contemporaries and to posterity. When one dies it is the only part that lives on in
the world. [Citation.]" In re Marriage of Gulsvig (Iowa 1993)​ ​498 N.W.2d 725​, 730
(dis. opn. of Snell, J.).)”

III. COLLIN COUNTY'S PARTICIPATION

"​We're just wanting to make sure that this name change doesn't come back and start us back to
zero on the beginnings of the Vexatious Litigation" I​ n Re: Gallagher, DF-19-16008 Transcript
p12 line18-20 this is the only argument Collin County actually makes throughout the whole
Hearing. And in Chapter 45 of Texas Code I see nothing about this. And a simple Google
Search of Judge Ashley Wysocki shows she is married to the Wysocki from the O'Neil Wysocki
Law firm, who in another simple Google search can be seen to have helped Judge Andrea
Thompson from Collin County, who was days later ruling on the case Collin County is referring
to. Collin County fails to recognize, they will not be starting over. Under ​Texas Code Title 5,
Chapter 110​ they need to stop. They need to cease and desist.

Second, the Dallas County District Court likely made this decision under some form of Coercion
as they allowed Collin County to be present at all hearings in this In Re case, allowed them to
object, and even ruled in their favor and gave them more than they asked for, as if you read the
transcript you will find that they were simply requesting that the name change apply to all my
cases, which I agreed with.

And that brings us to the Issue of Collin County's arguments themselves. First, they argued that
I was a Resident of Colorado, was from Colorado, and that Dallas had no Jurisdiction.
See Clerk's Record:

12. Collin County's Response To Petition to Change Name​ p79, Oct 15th, 2019 see page 79, I.,
"​Name Change of Out of State Petitioner… ​ Dallas County is not his Residence…"​ it then
goes on to say I have ​SWORN​ on the Record that I am a Resident of Colorado, when that is
simply a Mailing Address where my Mom Currently lives, as I have been Homeless recently.
The filing continued, after that to repeatedly call me a Resident of Colorado.​ "I have receipts
from Dallas. I have Residence Letters from Dallas. I'm a Resident of Dallas"​ -​In Re: Gallagher,
DF-19-16008 Transcript​ p7 line1-3

14. Response Coherent Evidence of Residency​ p115, Oct 17th, 2019 see page 132 for Collin
County School Transcript from Mckinney Boyd Highschool, I was born and raised in DFW. See
page 141-166 for records of living at Dallas Life, less than a Mile from the 5th COA for most of
2017 and 2018. See page 136 for Birth Certificate, the top says Dallas Health Department. I
was born at Dallas Presby, we lived in Mesquite until I was 2 years old, then we moved to
Stonebridge in McKinney. My Parents got divorced in Kindergarten, we preferred to live with our
Mom and my Dad is an Alcoholic. There are Collin County Court Records of all of this
somewhere, from around 1999 which is around when I was in Kindergarten. My Dad still lives at
1010 Lakewood, Mckinney, TX and runs a Company called Dallas Print or Executive Press in
Richardson and Tyler. My Mom's last Residence in Collin County was 609 Riviera Dr, Mckinney,
TX. I have had various addresses around Texas. ​In Re: Gallagher, DF-19-16008 Transcript​ p5
line9-22

15. Further Response Coherent Evidence of Residency​ p167, Oct 17th, 2019 see page 169-172
for Tyler Texas Newspaper Article about my Great Grandma Ona Henry who was a real life
"​Rosie the Riveter"​ who went to Aviation School to learn to fix Planes during WWII, and my Aunt
Christie Lopez has worked for American Airlines in Dallas her whole life. My Mom's entire
Family lives in East Texas, Dallas, Grand Prairie and Arlington. My Great Grandma Ona Henry's
maiden name was Alexander, and I was given the middle name Alexander for her. Sasha
means Alexander is Russian, Shai means fate. My middle name is already Alexander, Sasha is
not even a massive change. This evidence shows that not only am I a Resident of Dallas, in
Texas. My whole family is Texan. ​In Re: Gallagher, DF-19-16008 Transcript​ p5 line9-22

I am clearly Texan, and a Resident of Dallas. I can further prove this for the court if needed.

But once I proved I was a Dallas Resident, born and raised here, with a Collin County
Highschool Transcript (where I lived from the ages of 2-18, as well as a few other places after
Parents divorced) and Rent Receipts from Dallas for the past 3 years…
They decided to argue that I was changing my name to "​slip away"​ or get out of old court cases.
This argument is superseded by ​TX Code Chapter 45, Liabilities Unaffected

Sec. 45.104. LIABILITIES AND RIGHTS UNAFFECTED.​ A change of name under this
subchapter does not release a person from liability incurred in that person's previous name or
defeat any right the person had in the person's previous name.

That section states that changing your name ​does not remove Rights or Obligations of your
previous name​.

So they asked that I apply my name change to all my cases. I agreed, and the Judge denied the
name change. See ​In Re: Gallagher, DF-19-16008 Transcript​ p7 line18-24, p8 line 2-9

"​We're just wanting to make sure that this name change doesn't come back and start us back to
zero on the beginnings of the Vexatious Litigation" I​ n Re: Gallagher, DF-19-16008 Transcript
p12 line18-20 this is the only argument Collin County actually makes throughout the whole
Hearing. And in Chapter 45 of Texas Code I see nothing about this. And a simple Google
Search of Judge Ashley Wysocki shows she is married to the Wysocki from the O'Neil Wysocki
Law firm, who in another simple Google search can be seen to have helped Judge Andrea
Thompson from Collin County, who was days later ruling on the case Collin County is referring
 to. Collin County fails to recognize, they will not be starting over. Under Texas Code Title 5,
Chapter 110 they need to stop. They need to cease and desist.

In Re: Gallagher, DF-19-16008 Transcript​ p11 line1-17 and p12 line5-8 this shows that the
Judge whose orders they are defending actually recused herself, in this point in the transcript
Collin County referring to actions of a Recused Judge, in which the Attorneys from Collin County
attempted to have me jailed for contempt of the Recused Judge's order (before recusal) and
impose a $500 per day fee for any lawsuit I had open for actions they had taken against me.
After she Recused herself they decided to change their action to a Vexatious Litigant motion for
me filing cases about Collin County violating my Religious Rights.

"​The Court is denying the request to change the name… that is my ruling" I​ n Re: Gallagher,
DF-19-16008 Transcript​ p13 line3-7 shows that the Court denied the name change with
absolutely no Consideration for the name change Laws clearly outlined in ​TxCode Chapter 45
and not on accident, but in an attempt to block any litigation involving myself and my Religion.
TxCode Title 5 Chapter 110.

1. The Judge Obviously didn't want to rule against Collin County, as she gave no legal
reasoning for her ruling
2. Collin County should have remained in the audience and not joined in the hearings
3. TX Code Title 5 Chapter 110 needs to be weighed against these actions
4. The Court needs to review the Record to see I met all State requirements, and there is a
compelling Public Interest
5. The Lower court ruling must be overruled and the name change granted