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


Menu:
  • FILED IN 1STCOURT OF APPEALS HOUSTON, TEXAS NOV - 3 2015 C4USE NO.0.1-15-00036-CV CHRIST^HERAPR|NE CLfcfiK. Russell Ham, * IN THE FIRST DISTRICT TDCJ-ID#11044449 * COURT OF APPEALS William Stephens,ET.AL * HOUSTON,TEXAS * APPELLANT RUSSELL HAM'S MOTION TO EXTEND TIME TO FILE MOTION FOR REHEARING TO THE HONORABLE JUSTICES OF SAID COURT: COMES NOW,Russell Han^Appellant,Pro s.e in the above styled and referenced cause number and asks this Honorable Court to extend the filing due date until December 10,2015.Appellant will respectfully show this court the following : I. PROCEDURAL HISTORY Appellant Ham,a prisoner confined within the walls of the Allan B.Polunsky Unit,Livingston,Texas.Appellant contends that his personal and religious proprty was unlawfully confiscated by Officer Sullivan.Appellant filed his state tort claim with the 411th District court,Polk County,Texas after exhausting the prison grievance procedure. TheDistrict Court dismissed appellant's claims without considering them. Appellee's brief asking the court to affirm the judgement of the trial court. Appellant then filed areply brief .This Honorable First Dis trict Court of Appeals ruled on these briefs oh October 15,2015, this Court affirm*s the 411th District court's judgement. ii . THETexas Rules of Appellate Procedure Rule 10.5 hasno specific deadline to file a motion toextend time. Ill. ARGUMENTS AND AUTHORITIES This Honorable Court has the authority to grant Appellant an extension of time under the Texas Rules of Appellate Procedure, see Rule 10.5(b),Motions to extend time. No extensions have been granted to file the motion for rehearing. Appellant is only allowed to access the TDCJ's Polunsky Unit law library tor 2hours a day Monday thru Friday. Appellant is a laymen and not a person skilled in the law. Furthermore, the Polunsky Unit law library does not provide current caselaw, Appellant must request caselaw from the Law Library Clerk and Appellant is only allowed to make 3 requests a day which is given to Appellant the following day if it is available. This extension is not to delay,nor is it deiberate,but was the result of ihadvertanee,mistake,or mischance. Hone v.Hanafin, 104 s.w.3d 884,S86(Tex.2003);see also Stangel v. Parker,945 S.W..2.d 114,114(Tex.1997). PRATER For these reasons,Appellant Ham asks this Honorable Court to grant an extension of time to fileMotion For Rehearing until December 10,2015. Respectfully- submitted, Russell Ham,Pro se TDCJ-ID#1104449 Allan B.Polunsky Unit 3872 FM 350 South Livingston,Texas 7 7351 CERTIFICATE OF SERVICE i,Russell Ham,TDCJ-ID#ii04449,Appellant,Pro se certify that THE FOREGOING Motion to Extend Time to File Motion for Rehearing has been placed in the Allan B.Polunsky Unit's mailbox on October 30,2015,postage prepaid,first class mail addressed to the Court of Appeals,First Discrict,301 Fannin,Houston,Texas 7.70.02-2066. An additional copy has been transmitted to the following: Bir i a ha Webb Assistant Attorney General P.O.Box 12548 Austin,Texas 78711 Russell Ham,Pro se TDCJ-ID#1104449 RUSSELL HAM $ 1104449 Polunsky Unit 38 72 FM 350 South FILEDin Livingston, 'i'X 77351 rCOUATOFAPPEM"8 HCv" •''-.•"' ' October 30, 2015 NOV - 3 ;- '5 Court of Appeals " t n "a clerkCZI Firt District 301 Fannin Houston/Texas 77002-2066 Re:Russell Ham V. William Stephens No. 01-15-00036-CV Dear Clerk: Enclosed please find (1) Original Copy of Appellant Russell Ham's motion to Extend time to file motion for rehearing to be filed with this Honorable Court. Please bring this motion to the Court's attention. Also enclosed is Appellants copy of Appellant Russell HamVs motion to extend time to file motion for Rehearing. Please date stamp Appellant's copy and return inthe s.a.s.e. to the above address. Thank you. A true and correct copy has been mailed to the Appellee. Respectfully sudmitted. Russell Ham;Pro se End : X 8 e* 0* JP li) .ifl o N (M O O !"- r-

Document Info

Docket Number: 01-15-00036-CV

Filed Date: 11/3/2015

Precedential Status: Precedential

Modified Date: 9/30/2016