Alvaro Luna Hernandez

Douglas Lucas filed this request with the Texas Department of Criminal Justice of Texas.
Tracking #

255735

Status
Completed

Communications

From: Douglas Lucas

To Whom It May Concern:

Pursuant to the Texas Public Information Act, I hereby request the following records:

Any and all records referring to Alvaro Luna Hernandez, aka Alvaro Hernandez, aka Alvaro Luna, a currently incarcerated individual born in Alpine, Texas on May 12, 1952. He is #255735 in the James V Allred Unit.

I request that fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public, and this request is not being made for commercial purposes. Provided copies of the information will primarily benefit the general public because I am a journalist, published by Salon.com, Vice, The Daily Dot, and other venues, who is reporting on material related to Texas state government agencies and who intends to make provided copies of the information available to the general public. One of my articles involving a Texas state government agency, which may be found here - http://whowhatwhy.com/2014/07/16/exclusive-the-counterinsurgency-war-on-and-inside-our-borders/ - titled "Exclusive: The Counterinsurgency War On--And Inside--Our Borders" - was shared more than 2000 times on Facebook, indicating a large public interest in my reporting on Texas state government agencies. MuckRock.com is a public information service through which I, a representative of the news media/press, am processing my FOIA requests; I ultimately intend to make the provided information publicly available at MuckRock.com not for commercial purpose. All of this is being done in the service of news-gathering.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Douglas Lucas

From: Patricia Fleming

Good afternoon, Douglas.

Would you mind giving me a call back on this one?

Since offender Hernandez is in general population custody, we are constrained in regard to the information that is releasable about him. I'd be glad to instruct our custodians to release basic information, which is authorized by Section 552.029 of the Texas Public Information Act.

Please do give me a call when you can.

Sincerely, Patricia

Patricia Fleming
Assistant General Counsel
Office of the General Counsel, TDCJ
Tel: (936) 437-6002
Fax: (936) 437-6994

The information contained in this electronic mail and any attachments is intended for the use of the addressee(s) and may contain confidential, privileged, or proprietary information. Any other use of these materials is strictly prohibited. This email may not be forwarded outside the Texas Department of Criminal Justice Office of the General Counsel without the permission of the original sender. If you have received these materials in error, please notify me immediately by telephone and destroy all electronic, paper, or other versions.

From: Patricia Fleming

Douglas,

I'm following up on this request because, as indicated last week, the department is authorized to release basic information about offender Hernandez.

We would like to expedite this request for you. We will therefore instruct the custodians to release basic information pursuant to Texas Government Code, Section 552.029 [Texas Public Information Act].

If you have any questions or concerns, please do let us know at your earliest convenience.
Sincerely,
Patricia

Patricia Fleming
Assistant General Counsel
Office of the General Counsel, TDCJ
Tel: (936) 437-6002
Fax: (936) 437-6994

The information contained in this electronic mail and any attachments is intended for the use of the addressee(s) and may contain confidential, privileged, or proprietary information. Any other use of these materials is strictly prohibited. This email may not be forwarded outside the Texas Department of Criminal Justice Office of the General Counsel without the permission of the original sender. If you have received these materials in error, please notify me immediately by telephone and destroy all electronic, paper, or other versions.

From: Texas Department of Criminal Justice

A cover letter granting the request and outlining any exempted materials, if any.

From: Texas Department of Criminal Justice

A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.

From: Amy Lee

Mr. Lucas,

It was a pleasure speaking with you this afternoon. As discussed during our conversation, our hands are tied because the statue does not authorize the release of all of the information you have requested. Due to this, you have agreed to narrow the request to what is considered basic, non-confidential, releasable information only.
Please feel free to contact me with any questions.

Regards,
Amy Lee
Legal Assistant I

The information contained in this electronic mail and any attachments is intended for the exclusive use of the addressee(s) and may contain confidential, privileged, or proprietary information. Any other use of these materials is strictly prohibited. This email may not be forwarded outside the Texas Department of Criminal Justice Office of the General Counsel without the permission of the original sender. If you have received this material in error, please notify me immediately by telephone and destroy all electronic, paper or other versions.

From: Cheryl Garon

Mr. Lucas,

This office needs an additional 10 days to process your request.

Regards,
Cheryl Garon
Program Supervisor III
Texas Dept. of Criminal Justice
Parole Division- CFCU
8712 Shoal Creek Blvd., Suite 100A
Austin, Texas 78757
Phone: 512-406-5943
Fax: 512-459-4846

Disclaimer:
The information contained in this electronic mail and attachments is intended for the exclusive use of the addressee(s) and may contain confidential, privileged, or proprietary information. Any other use of these materials is strictly prohibited. This email may not be forwarded outside the Texas Department of Criminal Justice without the permission of the original sender. If you have received this material in error, please notify me immediately by telephone and destroy all electronic, paper, or other versions.

From: Texas Department of Criminal Justice

A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.

From: Texas Department of Criminal Justice

A cover letter granting the request and outlining any exempted materials, if any.

From: Texas Department of Criminal Justice

A copy of documents responsive to the request.

From: Texas Department of Criminal Justice

An interim response, stating the request is being processed.

From: Cheryl Garon

Mr. Lucas,

Attached please find the responsive information to your request.

Regards,
Cheryl Garon
Program Supervisor III
Texas Dept. of Criminal Justice
Parole Division- CFCU
8712 Shoal Creek Blvd., Suite 100A
Austin, Texas 78757
Phone: 512-406-5944
Fax: 512-459-4846

Disclaimer:
The information contained in this electronic mail and attachments is intended for the exclusive use of the addressee(s) and may contain confidential, privileged, or proprietary information. Any other use of these materials is strictly prohibited. This email may not be forwarded outside the Texas Department of Criminal Justice without the permission of the original sender. If you have received this material in error, please notify me immediately by telephone and destroy all electronic, paper, or other versions.

ORR# 44932 CLOSED 11/23/2015

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