DocketNumber: 03-17-00458-CV
Filed Date: 1/4/2018
Status: Precedential
Modified Date: 1/10/2018
IN THE COURT OF APPEALS THIRD DISTRICT OF TEXAS, AUSTIN RECEIVED TROY DANIEL THOELE, § JA;1 0 4 20i] Appellant-Plaintiff, § X \ THIRD CODRT OF APPEALS ^ ^ \ _JEFFRFyD KVIE V. § COA No. 03-17-00458-CV — § GREG ABBOTT, et. al., § Appellees-Defendants. § January 4, 2018 APPELLANT'S FIRST MOTION FOR EXTENSION OF TIME COMES NOW, Troy Daniel Thoele, Appellant, pro se, and files this his first motion for extension of time to file his Appellant Brief. In support of this motion. Appellant would show the following: I. The Reporter's Record in this cause was filed on December 16, 2017. Accordingly, Appellant's Brief is due on January 16, 2017, 30 days later. Plaintiff-Appellant requests the court extend this deadline for an additional 30 days for the following reasons: 1) This Honorable Court granted Appellant's motion for the record on appeal on December 21, 2017. The same day, the court sent the record. However, the record was delivered to Appellant by the Huntsville Unit on December 26, 2017, having already lost 10 days of the 30 day allotment. 2) Appellant is a pro se inmate litigant, untrained in law. While the State has a vast arsenal of resources at its disposal. Appellant does not. The State of Texas, through the Texas Department of Criminal Justice, makes the prison law library difficult to use, most notably lacking the electronic resources the Appellees Page 1 of 2 have at their disposal. Appellant has not previously requested an extension of time. Prayer for Relief WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays this Honorable Court grant a 30 day extension for filing the Appellant's Brief, with the new deadline being Febrary 16, 2017. Resp.^fi^fully submitted, Tro^.,,^oele, Appellant-Plaintiff, pro se Inmate's Unsworn Declaration "My name is Troy Daniel Thoele, my birthdate is August 22, 1971, and my inmate identification number, if any, is 1784662. I am presently incarcerated in the Huntsville Unit, City of Huntsville, Walker County, 77340. I verify and declare under penalty of perjury that the foregoing is true and correct. Executed this, the 2nd day of January, 2018. DeciL&taut Troy Thoele #1784662 Huntsville Unit 815 12th Street Huntsville, TX 77340 Page 2 of 2 Certificate of Service I hereby certify that a true and correct copy of Appellant's First Motion for Extension of Time was sent to: Demitri Anastasiadis Law Enforcement Defense Division Texas Attorney General's Office P. 0. Box 12548 Austin, TX 78711 via U.S.P.S. First Class Mail, postage prepaid. Executed this, the 2nd day of January, 2018. T^oy^hoele, Appellant, pro se Troy Thoele #1784662 Huntsville Unit 815 12th Street Huntsville, TX 77340 Page 1 of 1 Troy Thoele #1784662 Huntsville Unit 815 12th Street Huntsville, TX 77340 r^ECEIVED's Jeffrey D. Kyle, Clerk 0/ m Third Court of Appeals P. 0. Box 12547 THIRDCCl'STOFA^FEA'S/ V_JrrREYD_„V,E ^ Austin, TX 78711-2547 January 2, 2018 RE: Thoele v. Abbott, et. al., COA Number 03-17-00458-CV Mr. Kyle: Enclosed please find my first motion for extension of time, asking the court to extend the January 16th deadline for my appeal to February 16, 2018. Please file and bring to the attention of the Court. Sincerely, Tr iv^hoele enclosures Troy Thoele #176'+&62 Huntsville Unit 815 12th Street Huntsville, TX 77340 /RECEIVElT' ■ Jeffrey D. Kyle, Clerk Third Court of Appeals ja;j 0 4 m i P. 0. Box 12547 ■uCO>.fJi,FAPr'EALS J THIRD CO Austin, TX 78711-2547 hEGAL - CONFIDENTIAL •7871 1-25^*747