in Re Muamar Asad Sayyed

Order entered December 18, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00922-CV
IN RE MUAMAR ASAD SAYYED, Relator
Original Proceeding from the 219th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-82405-07
ORDER
Before the Court is relator’s December 9, 2019 motion requesting consideration of his
motion for rehearing. The Court entered its order denying relief on relator’s petition for writ of
mandamus on November 4, 2019. The Clerk of the Court received relator’s motion for rehearing
on November 26, 2019. Because the motion for rehearing appeared to be untimely, the Clerk of
the Court marked the motion as received and informed relator that the Court would take no
action upon his motion for rehearing unless he filed a timely motion to extend the time to file the
motion for rehearing. See TEX. R. APP. P. 49.1, 49.8.
On December 9, 2019, the Clerk of the Court received relator’s current motion. In his
motion, relator states that his motion for rehearing was timely filed under rule 9.2(b) and the
supreme court’s “mailbox rule for prisoners” because he deposited it in the prison mailing
system for filing on November 19, 2019 and it was received by the Court within ten days of the
filing deadline. See TEX. R. APP. P. 9.2(b); Campbell v. State, 320 S.W.3d 338, 344 (Tex. Crim.
App. 2010); Ramos v. Richardson, 228 S.W.3d 671, 673 (Tex. 2007) (providing pro se inmate’s
documents are considered timely filed on the date they are delivered to prison authorities for
mailing).
Without deciding whether relator’s motion for rehearing qualifies as timely filed under
the prisoner mailbox rule, we construe relator’s current motion as a motion seeking to extend the
time to file his motion for rehearing. Because relator’s motion for extension was postmarked on
December 4, 2019, the last date to request an extension of time to file the motion for rehearing,
and received within ten days of mailing, it is timely filed under the mailbox rule. See TEX. R.
APP. P. 9.2(b), 49.1, 49.8.
We GRANT the motion to extend the time to file relator’s motion for rehearing and
DIRECT the Clerk of the Court to file the motion for rehearing as of the date of this order. The
Court will issue its ruling on relator’s motion for rehearing in due course.
/s/ LANA MYERS
JUSTICE
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