in Re: Billy Ross Sims ( 2015 )


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  •                  COURT OF APPEALS      NUMBER 12-15-00190-CV
    3   DECEMBER 2015
    Clerk
    Office of   the Clerkict Clerk         CAUSE NO:   3-42362
    of Anderson County, Texas              Sims vs Thompson et al
    500 N. Church Street, Room 18          3rd Judicial District Court
    Palestine, TX 75801                    of Anderson County, Texas
    RE: Filing of Second Motion To Extend The Time For Filing a Notice of
    Appeal
    To The Clerk:
    Please find enclosed the Plaintiff's 'Petitioner's Second Motion
    to Extend the Time for Filing a Notice of Appeal.
    Would you please file this and bring it to the Court's attention.
    Thank you,
    REC'D IN COURT OF APrtALS
    V
    12th Court of Appe *.!s District
    Billy Ross Sims, 511649
    Wynne Unit
    810 FM 2821
    Huntsville, TX 77349-0001
    cc: Clerk, 12th Court of Appeals
    12-15-00190-CV
    *          *       *              *
    Clerk, Office of the District Clerk                 CAUSE NO:      3-42362
    of Anderson County, Texas                            Sims vs Thompson et al
    500 N. Church Street, Room 18                       3rd Judicial District Court
    Palestine, TX 75801                                 of Anderson County, Texas
    RE: Change of Address Notice
    To The Clerk,
    The Plaintiff in this case, Billy Ross Sims, 511649, has been
    transferred to another prison unit addressed below:
    BILLY ROSS SIMS, 511649
    tfynne iinit
    810 FM 2821
    Hai*s*i*aie, TX 77349-0001
    cc: Clerk, 12th Court of Appeals         •-g^oL. "was* S^*, 5"tv^
    TRIAL COURT NUMBER  3-42362
    COURT OF APPEALS No. 12-15-00190-CV
    BILLY ROSS SIMS, 511649           §        IN THE DISTRICT COURT
    vs                                §        3rd JUDICIAL DISTRICT
    Carter Thompson                            ANDERSON COUNTY, TEXAS
    David Bridges                     §
    Douglas Lang
    Robert Fillmore                   §
    Elizabeth Lang-Miers
    Lana Myers                        §
    Rissie Owens
    Michelle Skyrme                   §
    James Hensarling
    James Kiel                        §
    PETITIONER'S SECOND MOTION
    TO EXTEND THE TIME FOR FILING A NOTICE OF APPEAL
    TO THE COURT:
    COMES NOW THE PETITIONER, BILLY ROSS SIMS, pro se, and files
    this Motion to Extend the Time for Filing a Notice of Appeal, and
    would show:
    1.   On June 30, 2015, the Court's hearing official initialed a bad
    faith Order of Dismissal without jurisdiction, and in violation of
    Judicial Code of Conduct Canons 2A, 3B(2), (5), and (7).
    2.   On July 8, 2015, under the prison mailbox rule, a timely request
    for findings of fact and conclusions of law was filed under Texas
    Rules of Civil Procedure Rule 296. The Court's hearing official
    refused to act to make findings of fact and conclusions of law within
    the time prescribed by Rule 297, which was due July 28, 2015; and a
    timely Notice of Past Due Findings of Fact and Conclusions of Law was
    filed under Rule 297, which extended the time out to 40 days from the
    date of the original request for findings of fact and conclusions of
    law was made on July 8, 2015, making the due date August 17, 2015.
    3.   The filing of the Request for Findings of Fact and Conclusions
    of Law on July 8, 2015, under Rule 25.1(a)(4) TRCP, extended the
    finie for Perfecting the Appeal out to 90 days from the date the Order
    of Dismissal was initialed on June 30, 2015, and 90 days from that
    date is September 28, 2015.
    4. On July 29, 2015, the Clerk of the 12th Court of Appeals accepted
    filing of a Petition for Writ of Mandamus against the bad faith Order
    of Dismissal, and the ruling is pending.
    5.   The Court's hearing official refused to rule on the first Motion
    to extend the time for filing a notice of appeal, that requested an
    extension of 90 days from September 28, 2015 out to December 22, 2015
    pending the outcome of the ruling by the 12th Court of Appeals on the
    mandamus. The previous Motion filed was not ruled on by the Court.
    6.   This Second Motion to Extend the Time for Filing a Notice of Appeal
    seeks to protect petitioner's right to appeal while waiting for the
    12th Court of Appeals to rule on the mandamus petition regarding the
    bad faith Order of Dismissal, and petitioner asks the Court to extend
    the time out 90 days from December 22, 2015, which would be the date
    March 20, 2016.
    PRAYER
    WHEREFORE ALL PREMISIS CONSIDERED, Petitioner paays for the 90
    day extension of time out to March 20, 2016, and that the Court will
    grant this Second Motion to Extend the Time for Filing a Notice of
    Appeal.
    VERIFICATION
    I, Billy R. Sims, 511649, being presently incarcerated in the
    TDCJ at the Wynne Unit, declare under penalty of perjury that the
    foregoing is true and correct accoddinsHto my own beliefs.
    Signed this 3rd Day of December 2015.
    BILLY R. SIMS, 511649
    Wynne Unit 810 FM 2821
    Huntsville, TX 77349-0001
    

Document Info

Docket Number: 12-15-00190-CV

Filed Date: 12/7/2015

Precedential Status: Precedential

Modified Date: 9/29/2016