Robert C. Morris v. Sherri Milligan ( 2015 )

ACCEPTED 12-14-00332-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 6/29/2015 1:57:02 PM CATHY LUSK CLERK No. 12-14-00332-CV FILED IN In the Court of Appeals 12th COURT OF APPEALS TYLER, TEXAS for the Twelfth District of Texas 6/29/2015 1:57:02 PM CATHY S. LUSK At Tyler Clerk ___________________________________ ROBERT C. MORRIS, Appellant, v. SHERRI MILLIGAN, ET AL, Appellees. ____________________________________ On Direct Appeal from the 349th Judicial District Court of Anderon County, Texas Trial Court Cause No. 349-6270 ____________________________________ APPELLEES’ MOTION FOR EXTENSION OF TIME TO FILE BRIEF AND DESIGNATION OF LEAD COUNSEL ____________________________________ Motion for extension of time to file brief Appellees’ counsel moves for 30 days to file Appellees’ brief in this matter. The counsel-to-be-noticed on this appeal left the Division before the appeal, and current counsel did not receive a notice of appeal or brief. Additionally, counsel needs to order the record on appeal in order to draft her arguments. Appellees’ counsel is also going to be out of the country for the first two weeks in July and has a jury trial upon her return on July 20, 2015. For these reasons Appellees’ counsel seeks an extension 1 in order to properly prepare a brief. This motion is not meant to delay or prejudice Appellant. Instead the reassignment of this case caused the Office of the Attorney General’s office to miss notifications on this appeal. Appellees’ counsel will work diligently to file a brief as soon as the appellate record is received. Thus, Appellees’ counsel seeks a 30 day extension—making the brief due on July 29, 2015. Designation of Lead Counsel The above-styled case had been re-assigned within the Office of the Attorney General of Texas from Patrick N. Brezik to the undersigned counsel. Undersigned counsel respectfully requests the designation for Attorney-in-Charge/Lead Attorney for the above-styled case be changed to her name, as she now has primary responsibility for Appellees in this matter. Respectfully submitted, KEN PAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation KAREN D. MATLOCK Assistant Attorney General Chief, Law Enforcement Defense Division 2 /s/ Veronica L Chidester VERONICA L. CHIDESTER Assistant Attorney General Attorney-in-Charge State Bar No. 24082161 Veronica.Chidester@texasattorneygeneral.gov Law Enforcement Defense Division P. O. Box 12548, Capitol Station Austin, Texas 78711 (512) 463-2124 / (512) 936-2109 Fax ATTORNEYS FOR APPELLEES CERTIFICATE OF CONFERENCE Plaintiff is an inmate, proceeding pro se, housed in the Texas Department of Criminal Justice. Undersigned, therefore, was unable to conference with Plaintiff. It is assumed that Plaintiff is opposed to this motion. NOTICE OF ELECTRONIC FILING I, VERONICA L. CHIDESTER, Assistant Attorney General of Texas, do hereby certify that I have electronically submitted for filing a true copy of the above APPELLEES’ MOTION FOR EXTENSION OF TIME TO FILE BRIEF AND DESIGNATION OF LEAD COUNSEL in accordance with the Electronic Case Files System of the Twelfth Court of Appeals, on June 29, 2015. /s/ Veronica L. Chidester VERONICA L. CHIDESTER Assistant Attorney General 3 CERTIFICATE OF SERVICE I, VERONICA L. CHIDESTER, Assistant Attorney General of Texas, certify that a true copy of the above APPELLEES’ MOTION FOR EXTENSION OF TIME TO FILE BRIEF AND DESIGNATION OF LEAD COUNSEL has been served by placing it in United States Mail, postage prepaid, on June 29, 2015, addressed to: Robert C. Morris, TDCJ No. 1311083 TDCJ-Smithl Unit 1313 CR 19 Lamesa, Texas 79331 Plaintiff Pro Se /s/ Veronica L. Chidester VERONICA L. CHIDESTER Assistant Attorney General 4