Russell Ham v. William Stephens, Oliver J. Bell, and Robin Sullivan ( 2015 )

Cause No. 09-14-00538-CV FILED IN
t ST COURTOF APPEALS
HOUSTON. TEXAS
JAN 2 9 2015
CHRISTOPHER /. ^JJINE
ITOMFIA. BRir
CLERK.
Russell Ham § IN THE NINTH DISTRICT
T.D.C.J.-ID#1104449
§
COURT OF APPEALS
vs §
Williams StephensiETiAL § BEAUMONT/ TEXAS
§
§
APPELLANT RUSSELL HAM'S MOTION TO EXTEND TIME
TO FILE BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
COMES NOW, Russell Ham/ Appellant/ Pro se in the above styled
and referanced cause number. Appellant asks this Honorable Court
to extend the filing due date until February 15/2015. Appellant
will respectfully show this Court the following:
I.
Procedural History
Appellant Ham / a prisoner confined within the walls of the
Allen B.Polunsky unit/ Livingston/ Texas. Appellant contends
that his personal & religious property was unlawfully confiscated
by Officer Sullivan. After exhausting the prison grievance pro
gram appellant filed his State Tort Claim with the 411 District
Court/ Polk County/ Texas.
1.
Once the defendant was served and given an order to answer.
The defndant filed a Motion to Dismiss. Appellant filed his
amended State Tort Claim (to correct:.-, the defects). Appellants
claims were dismissed by the District Court without considering
the amended State Tort Claim. Appellant timely filed his Notice
of Appeal.
II.
There is no specific deadline to file this motion to extend
time/10.5 Texas Rules Appellate Procedure.
III.
ARGUMENTS AND AUTHORITIES
This Honorable Court may grant an extention of time under
Texas Rules of Appellate Procedure/ Motion to extend time. The
deadline to file the Appellate Brief is January 30/2015. Appell
ate Ham request an additional 45 days to file his Appellate
Brief / extending the time until February 15/2015- No
ions has been granted to extend the time to file the Appellate
Brief.
Appellant Ham contends that he can not meet the Court ordered
deadline. Texas Department of Criminal Justice/Access to Court/
provides access to the unit's law library only on Tuesday
through Saturday. Furthermore/ appellant is only provided with
2 hours a day/ a total of 10 hours a week. Finally/ the Access
to Courts no longer provides current caselaw and has cancelled
it's contract West Publishing. Therefore/ if appellant finds
caselaw in whcih he needs/ he must request it/ and he then rece
ives it the following day (if it can be accessed).
This extention is not to delay or is it deliberate / but
was the result of inadvertence / mistake or mischance.Dimotsis vs.
State Farm lloyds/ 966 S.W.2d 657/657(Tex.App-San Antonio/1998,no
pet).
PRAYER
For there reasons/ Appellant Ham asks this honorable Court to
grant an extention to file Appellate Brief until February 15/2015.
Respectfully submitted/
Russell Ham
T.D.C.J.-ID#1104449
Allen B.Polunsky Unit
3872 FM 350 South
Livingston/Texas 77351
3.
CERTIFICATE OF SERVICE
I, Russell Ham, T.D.C.J.-ID#1104449, Appellant, Pro se certify
that the foregoing Motion to Extend Time to file Brief has been
placed in the Allen B.Polunsky Unit's mailbox on January 20,2015,
postage prepaid, first class mail addressed to the Court of Appe
als,Ninth District,1001 Pearl Street,Suite 330, Beaumont,Texas
77701.An additional copy has been transmitted to the following:
Briana Webb
Assistant Attorney General
P.O. Box 12548
Austin,Texas 78711
Russell Ham
T.D.C.J.-ID#1104449
4.
RLEDIN
OHo'DDo&dV HOUSTON. TEXAS
JAN' 99 20©
Date:January 20,2015
% PRJNE
Court of Appeals
Ninth District
Carol Anne Harley,Clerk
1001 Pearl Street/Suite 330
Beaumont/Texas 77701
Re:Russell Ham vs. William Stephens;ET.AL Cause No.CIV 28800;Case
Number 09-14-00538-CV
Dear Clerk/
Enclosed please find (1) Original copy of Appellant Russell
Ham's Motion to extend time to file Brief. Would you please
file this motion and bring it to their attention.
Also / Would you please file stamp my copy of the foegoing
motion for my filings purposes. And return it to me in the enc
losed Self Addressed Stamped Envelope for your convenience.
Thank you for your time and assistance in this:matter
Thank you/
Russell Ham
T.D.C.J.-ID#1104449
3872 FM 350 South
Allen B.Polunsky unit
Livingston,Texas 77351