Gerald Lee Ricks v. Suzanne S. Radcliffe ( 2015 )

CAUSE NO. 14-15-00825-CV
GERALD LEE RICKS, IN THE FOURTEENm- '^
Appellant
\L
vs.
COURT OF APPEA
SUZANNE S. RADCLIFFE
Appellee HOUSTON, TEXAS
APPELLANT'S MOTION REQUESTING AN EXTENSION / CH^STOpHBFt
OF TIME TO FILE BRIEF *
Appellant, Gerald Lee Ricks, asks the Court to extend
the time to file his appellant's brief.
INTRODUCTION
1. Appellant is Gerald Lee Ricks; appellee is Suzanne Schwab
Radcliffe.
2. There is no specific deadline to file this motion to
extend the time. See Tex.R.App.P. 38.6(d).
3. The Court has authority under Texas Rules of Appellate
Procedure 38.6(d) to extend the time to file a brief.
4. Appellant's brief was/is due on November 2, 2015.
5. Appellant requests an additional 90 (ninety) days to file
his brief extending the time to file until February 2, 2016.
6. No extension has been requested or granted to file
Appellant's brief.
7. Appellant needs additional time to file his brief because
on October 13, 2015, the McConnell Unit of the Texas
Department of Criminal Justice, where appellant is
incarcerated, went on institutional lockdown status.
8. During institutional lockdowns, inmates are confined to
their living areas 24 (twenty-four) hours a day. Inmates are
not allowed to physically visit the Unit Law Library.
9. Pursuant to Texas Department of Criminal Justice
Inmate Orientation Handbook, during lockdowns "They
[inmates] shall be allowed to request and receive up to
three items of legal research materials per day, delivered
on three alternating days per week, such as M-W-F, from the
unit's law library for in-cell use.'1 Id. at pg. 124.
10. However, during lockdowns, inmates are not permitted to
request legal visits with other inmates.
11. Appellant attaches an affidavit to this motion to
establish facts not apparent from the record and not
included in the appellate record, and are not known to the
Court in its official capacity.
Arguments & Authorities
12. The law is clear that when a party requests an extension
of time before the deadline Texas Rules of Civil Procedure 5
permits the court to grant an extension of time for "cause
shown," with or without a motion or notice. The party is hot
required to show "good cause," a higher burden, if the party
files the motion before the filing deadline. See TRCP 5.
13. However, when the party asks for additional time after
the deadline, TRCP 5 requires the party to file a motion and
show good cause for not acting before the deadline. See
Remington Arms Co. v. Canales, 837 S.W.2d 624, 625.
14. Lastly, "[A] reasonable explanation is 'any plausible
statement of circumstances indicating that the failure to
file within the [specified] period was not deliberate or
intentional, but was the result of inadvertence, mistake or
mischance.'" Ibid. Calce v. Dorado Expl., Inc. 309 S.W.3d
719, 730 (Tex.App.- Dallas 2010, no pet.)(proper focus on
"reasonable explanation" cases is on lack of deliberate or
intentional failure to comply).
15. In the present case, the current institutional lockdown
severely handicaps appellant's ability to file his
appellant's brief because he is totally unlearned in matters
of law and throughout this process has been assisted by
another inmate. The adminiatrative lockdown pervents
appellant from having legal visits with the inmate assisting
him; as well as prevents appellant from visiting the law
library. Appellant has no earthly idea what "legal research
materials" to even request from the law library during this
period of lockdown.
CONCLUSION
Appellant does not file this motion requesting an
extension of time to delay, annoy, or harass. This motion is
filed in good faith and to allow appellant the time he
desperately needs to seek the assistance so that a proper
brief of errors can be drafted and submitted to this Court.
Appellant honestly believes in the merits of this case and
asks the Court to grant this one and only extension.
PRAYER
16. WHEREFORE, PREMISES, ARGUMENTS AND AUTHORITIES
CONSIDERED, Appellant prays this Honorable Court will grant
him an extension, of time until February 2, 2016, to file his
Appellant's Brief.
Mr. Gerard Lee Rficks'
Appellant Pro Se
c/o ML 048 - (#1049115)
3001 South Emily Drive
Beeville, Texas 78102
CERTIFICATE OF SERVICE
I, Gerald Lee Ricks, certify and verify a true and
correct copy of the foregoing motion for extension of time
has been served on counsel for appellee at: Mr. Kenneth
D. McConnico, 830 Apollo, Houston, Texas 77058, by placing
same in the U.S. mail, postage pre paid. Executed on this
the 13th day of October 2015.
Mr. Gera:
Appellant Pro Se
Mr. Gerald Lee Ricks
c/o ML 048 - (#1049115)
3001 South Emily Drive IRIO €SRAMDE 'DISTRICT
Beeville, Texas
78102
FILED IN
Hon. Christopher A. Prine
Clerk of the Court
OCT 16 ^ 301 Fannin,
Houston, Texas
Room 208
77002-2066
CLEB^-
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