Cecilia Clinkscale v. Leiroi Mickele Daniels ( 2015 )


Menu:
  •                                No.
    IN THE
    SUPREME COURT OF TEXAS
    CECILIA CLINKSCALE,
    Petitioner,
    V.
    LEIROI MICKELE' DANIELS,
    Respondent
    MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR
    REVIEW
    TO THE HONORABLE SUPREME COURT OF TEXAS:
    ComesNow, Cecilia CHnkscale, Petitioner (hereinafter, "Petitioner"), in the above styled civil
    action and files this Motion For Extension OfTime To File Petition For Review in compliance with Tex. R.
    App. P. 10.1,10.5(b), 10.5(b)(3), and 53v7(f). In support of this Motion, Petitioner seeks to show this
    Court the following:
    L
    Petitioner filed her Motion Rehearing ForEn Banc, Wednesday,July 1,2015.
    n.
    TheJustices in the Courtof Appeals For The First District Of Texas At Houston denied the
    said Motion on Tuesday, October 13, 2015. See Exhibit i.
    Ill-
    Tex. R. App. P. 53.7(c) establishes thata Petition For Review is due forty-five (45) days from the
    later date of the courtof appeals' judgment or its last ruling on a timely filed motion for rehearing or
    rehearing en banc. Tex. R, App. P. 53.7(a). As such, Petitioner's Petition For R^ads^ue.on^ndS
    November 27,2015. Tex. R. App. P. 10.5(b)(A).                                   CjrST
    I
    COURT OF AP.pfALS1
    HOUSTON, TEXAb
    DEC " 3 ZM5
    CHRISTOPHER A. PBINE
    ICLERK.
    IY.
    Petitionerseeks additional time to thoroughly examine her trialcourt and appellate court case
    files. Time is necessary to carefully review, analyze, and to identify the documents material to the
    preparation of herPetition For Review. Petitioner seeks additional time to research, identify, and to
    synthesize statutes, laws, caselaws, and legal scholarship which discusses and frames the subject(s)
    and arguments) in Petitioner's Petition ForReview. Tex. R. App. P. 105(b)(C). Petitioner seeks time to
    draft her PetitionerFor Review and to consultwith Counsel and like legal professionals adept in the
    process of preparing a suitablePetition For Review. Tex. R. App. P. 10.5(b)(C).
    As well, Petitioner will issue Requests ForFindings OfFactAnd Conclusions OfLaw to both the
    trial and appellate courts to better gage and to articulate the points on which Petitioner relies for her
    Petition For-Reviewin the Supreme Court of Texas. Tex. R. App. P. 10.5(b)(C).
    yj.
    Further, Petitioner seeks time to resolve pending Motions and discrepancies in the Court of
    Appeals.
    VII.
    In consideration of the points set forth, Petitioner requests an extension of time of thirty (30)
    days, to Saturday, December 26, 2015; therefore, Petitioner's Petition For Review would be dueon
    Monday, December 28,2015. Tex. R. App. P. 10.5(b)(B).
    VIII.
    Petitioner has not requested an extension of time in this case. Tex.R. App. P. l0.5(b)(D).
    IX.
    The extension of time requested is not sought for delay, and it is not prejudicial to
    Respondent Tex. R. App. P. 10.5(b)(D).
    CONCLUSION AND PRAYER
    Wherefore, Petitioner, Cecilia Clinkscale, submits her Motion For Extension OfTime To File
    Petition For Review, and she respectfully requests relief from this Court in the interestof justice.
    With this, Petitioner requests this Court to enter an Ordergranting herMotion, and to grant herany
    additional reliefthat this Court deems proper, permissible, and just.
    Respectfully submitted,
    Post Office Box 42718,
    Philadelphia, Pennsylvania 19101
    Telephone: (215) 828-4516
    Email: eclinkscale@gmail.com
    CERTIFICATE OF CONFERENCE
    I certify thatI corresponded with Defendant, Mr. Leiroi Mickele' Daniels, Esquire, on Friday,
    November27, 2015, by wayof electronic communication and facsimile. I havenot yet heard back
    from Counsel. See Exhibit 2. Tex. R. App. P. 10.3(a)(2).
    Dated:
    CERTIFICATE OF SERVICE
    Pursuant to Tex. R. App. P. 6.3, 9.5(a)-(e), I, Cecilia Clinkscale, Petitioner, dohereby certify
    that onthis 27* day ofNovember 2015, a true and correct copy ofthe attached and foregoing
    Motion ForExtension OfTime To File Petition For Review ms served upon the recipients listed below in
    the following manner(s):
    Mr. Blake Hawthorne,
    Esquire,
    Clerk,
    Supreme Court of Texas,
    201 West 14*Street,
    Room 104,
    Austin, Texas 78731
    Service: United States Postal Service,
    first-class, certified mail.
    Mr. Christopher A. Prine,
    Esquire,
    Clerk of the Court,
    Court of Appeals,
    First District of Texas,
    301 Fannin Street,
    Room 208,
    Houston, Texas 77002-2066
    Service: United States Postal Service
    first-class mail.
    Mr. Leiroi Mickele' Daniels,
    Esquire,
    L Mickele' Daniels & Associates,
    Arena Tower I,
    Suite 580,
    7322 Southwest Freeway,
    Houston, Texas 77074
    Service: United States Postal Service
    first-class mail.
    CEC
    Petii
    InPrbpria Persofia
    EXHIBIT 1
    Court of Appeals for the
    First District of Texas at Houston
    Order on Motion for En Banc Reconsideration
    Appellate case name:      Cecilia Clinkscale v. Leiroi Mickele Daniels
    Appellate case number: 01-14-00968-CV
    Trial court case number: 2012-58724
    Trial court:              113th District Court of Harris County
    Date motion filed:        September 23,2015
    Party filing motion:      Appellant
    The motion for en banc reconsideration is ordered DENIED.
    Judge's signature: /s/ Harvey Brown
    Acting for the Court*
    En banc court consists of: Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland,
    Massengale, Brown, Huddle, and Lloyd.
    Date: October 13.2015
    Gmail - Position on Motion For Extension Of Time To File Petition For Review... 11/27... Page 1 of 2
    C Clinkscale 
    Position on Motion For Extension Of Time To File Petition For Review...
    11/27/2015
    1 message
    C Clinkscale                                             Fri, Nov 27, 2015 at 5:44 PM
    To: LEIROI DANIELS 
    Cc: C Clinkscale 
    Post Office Box 42718,
    Philadelphia, Pennsylvania 19101
    Phone:(215)828-4516
    Email: cclinkscale@gmaii.eom                                EXHIBIT 2
    Friday,November 27, 2015
    Mr. Leiroi Mickele' Daniels,
    Esquire,
    L. Mickele' Daniels & Associates, IXC,
    Arena Tower I,
    Suite 580,
    7322 Southwest Freeway,
    Houston, Texas 77074
    Fax:    (713) 995-4685
    Dear Mr. Daniels:
    I am corresponding with you to notify you that I intend to file a Motion For Extension OfTime To File
    Petition For Review.
    I remain open to any consideration that you offer in this matter
    My contact information is noted atop this letter for your convenience.
    Sincerely,
    Ms. Cecilia Clinkscale
    Petitioner,
    In Propria Persona
    https://mail.google.com/rr"                                                                      11/27/2015
    Gmail - Successful transmission to 17139954685. Re: Position On Motion To Extend Ti...                              Page 1 of 2
    C Clinkscale 
    Successful transmission to 17139954685. Re: Position On Motion To Extend
    Time To File Petition For Review... 11/27/2015
    1 message
    NoReply@myfax.com                                                              Fri, Nov 27, 2015 at 5:46 PM
    To: cclinkscale@gmail.com
    Th* 2 p*sg« tax you sent through MyFaxto 17! 3SQS488Swas successfully g?nsm!!tf>d.
    €mwfax'
    Dear Cecilia,
    Re: Position On Motion To Extend Time To File Petition For
    Review... 11/27/2015
    The 2 page fax you sent through MyFax to 17139954685 was                                 Try the
    successfully transmitted at 2015-11-27 23:45:59 (GMT).
    The length of transmission was 53 seconds
    Topis
    The receiving machine's fax ID: 7139954685
    FREE TRIAL'
    Ifyou need assistance, please visit our online help center at
    www.myfax.com/support. Thank you for using the MyFax service.
    Best Regards,
    The MyFax Team
    Contact Customer Support
    Hours: 24 hours per day, 7 days a week.
    Email: support@myfax.com
    North America
    Toil-Free: (866) 563-9212
    UK
    Free Phone: 0808 804 0015
    International: (613) 260-6325
    nttps://mail.google.coni/mail/u/0^                                                                                  11/27/2015
    Bbst'OfFrce Box 42718,       -
    lhiladelphis,,Pennsjlvfiriia 1^101
    EiaaSk: cclinkscale(^rnail.qpm
    Friday, H&«emfeeF:2%2
    £e4tior»er, ,
    'fevPK>prkcE%JSona                                                    •-'
    VERIFICATION
    STATE OF PENNSYLVANIA                                        §
    §
    COUNTY OF MONTGOMERY                                         §
    BERFORE ME, the undersigned Notary Public, on this daypersonally appeared Cecilia
    Clinkscale, who, being byme duly sworn on oath, diddepose andsay the following:
    OATH
    "My name is CECILIA CLINKSCALE. I amthe Petitioner in the above-styled case. I have read
    the foregoing Motion For Extension OfTime To File Petition For Review, and each statementof fact thereinis
    true and correct. I have personal knowledge of each such fact stated therein."
    FURTHER, AFFIANT SAYETH NOT.
    y»   %JtC
    L^tfe|r \ jjj C-, ll n fcgg^l-Q
    ~ ^SUBSCRIBED TO AN0 SWORN BEFORE ME, GpCvU ^ ChAlCs c^lg. on the
    cr '      day of November 2015, tocertify which witness my hand and official seaL
    ggmmenwgajttj of Pennsylvania
    NOTARIAL SEAL
    [Seal]                Paul J McCarthy, Notary Public              NOTARY PUBLIC IN AND^DR THE
    Lower Merlon Township, Montgomery County
    My Commission Expires September 25,2018           STATE OF PENNSYLVANIA
    Print Name
    My Commission Expires:
    No.
    IN THE
    SUPREME COURT OF TEXAS
    CECILIA CLINKSCALE,
    Petitioner,
    LEIROI MICKELE' DANIELS,
    Respondent.
    ORDER
    On this [         day of                            2015, came upon for consideration Motion
    For Extension OfTime To File Petition For Review, The Court having reviewed saidMotion finds that it
    should be, and herebyis,                       .
    It is so ORDERED.
    Signed this           day of             .                , 20       .
    JUDCE
    

Document Info

Docket Number: 01-14-00968-CV

Filed Date: 12/3/2015

Precedential Status: Precedential

Modified Date: 9/30/2016