Donald Davis v. Attorney General ( 2015 )

·,, l
Appeal NO. 5-15-Q0525-cv
Donald Davis §
APPELLANT §
v. §
Attorney General §
APPELLEE § VALLAS, TEXAS
~lant •s Second MotiCIIl For BxtensiCIIl Of 'l'iae To File
A Collpleted SUppl..eoted Appel ]ant's Brief
TO THE HONORABLE COURT OF APPEALS:
Come now, the appellant, Donald Davis, moves the court for extension
of time to file a completed supplemented appellant's brief appealing the
301ST district court judgment and order entered 1-29-15 for reasons as follows:
I.
Facts Of Case
On 7-8-15 appellant received the appellate clerk's notice to file appella-
nt's brief with an extension motion within (10) days, indicating that the
time period for filing appellant's brief had expired, even though, the appell-
ant wasn't notified of the filing of the clerk's records or provided with
a copy of the records and transcript, informing that appeal would be dismissep
if appellant did not comply. In compliance with appellate clerk's notice
an inadequate and incomplete appellant brief was mailed to the appellate
clerk with extension motion on 7-lQ-15. on 7-14-15 the appellate court directed
the clerk to send the appellant a paper copy of the clerk's recot:~, which
was received by appellant on 7-17-15. However, the clerk's record received
is deficient and inadequate for this appeal for pertinent and material items
is omitted from the appellate record. The omitted items missing from the
records that are necessary and pertinent for this appeal are identified in
appellant's motion to supplement the clerk's record for omitted items mailed
to appellate clerk on 7-2Q-15. The court has permitted one extension thus
far, because the appellant wasn't notified of the filing of the clerk's record
or provided with a copy of the records and transcript timely, only when the
court's 7-14-15 order did the clerk provide the appellant with copy of records ·~
and transcript.
(1)
II.
Argmlents And Authorities
The court may extend time to file the appellant's brief under the authori-
ty of Rule 38.6(d) TRAP. The appellant cannot file an adequate and complete
appellant brief until the 301ST district clerk supplement the clerk's records
with the omitted items necessary for this appeal to be had, and provide the
appellant with copy of the records and transcript so that the incomplete
and inadequate appellant brief can be supplemented re correct reference within
the records. All problems that has come about concerning the records are
not those attribruted to the appellant. Appellant has repeatedly tried to
obtain the records and transcript from the district clerk.
III.
Prayer For Relief
WHEREFORE, PREMISES CONSIDERED, appellant ask that the court grant this
motion, and request (20) days to file the completed and adequate appellant's
brief or supplement brief after the 301ST district clerk has supplemented
the clerk's records with the omitted items providing the appellant with copy
of the supplemented records and transcript, and any other and further relief
the appellant may have shown itself entitled.
Signed this "il.o~ day of July, 2015.
Donald Davis
TDCJ IDI 1326046
Robertson Unit
12071 FM 3522
Abilene, TX 79601
(2)
' .
IV.
Verification
I have read the foregoing Appellant's Motion For Extension Of Time To
File A Completed Supplemented Appellant's Brief, and swear under penalty
of perjury the facts within is true and correct pursuant to Title 6 of Tex.
Civ. Prac. & Rem. Code §132.001-.003 signed this~ day of July, 2015.
Donald Davis '
TDCJ IDI 1326046
Robertson Unit
12071 FM 3522
Abilene, TX 79601
v.
Certification Of Conference
Donald Davis certify that he is a prisoner of Texs confined within the
Texas Department of Criminal justice at the Robertson Unit, is unable to
confer with the appellee before filing motion for extension of time to file
appellant's brief to determine whether motion will be opposed signed this
~C)~day of July, 2015.
Donald Davis
TDCJ IDi 1326046
Robertson Unit
12071 FM 3522
Abilene, TX 79601
{3)
..
Certificate Of Service
Donald Davis certify that on the~ day of July, 2015 he mailed copy of
Appellant's Second Motion For Extension Of Time To File A Completed Supple--
mented Appellant's Brief to: Rande K. Herrell Attorney General Child Support
Division P.o. Box 12017 (MC 038-1) Austin, TX 78711 by placing same in mailbox
at the Robertson Unit.
Donald Davis
TDCJ ID# 1326046
Robertson Unit
12071 FM 3522
Abilene, TX 79601
(4)
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