Brian Russell and Ronald Rumpf v. Texas Department of Criminal Justice

Opinion

BRIAN RUSSELL . TDCJ # 524618 W.P. CLEMENTS . JR. UNIT 9601 SPUR 591 AMARILLO . TX 79107s9606 RONALD RUMPF . TDCJ # 695566 ~4.P. CLEMENTS . JR. UNIT 9601 SPUR 591 AMARILLO . TX 79107s9606

PEGGY CULP APPELLATE CLERK 501 S. FILLMORE . SUITE 2sA AMARILLO . TX 79101s2449

22 JANUARY 2015

DEAR CLERK:

PLEASE FILE THIS LETTER WITH THE 7TH COURT OF APPEALS . CAUSE NUMBER 07s14s00199sCV . BRIAN RUSSELL AND RONALD RUMPF v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE.

APPELLANTS HEREBY OFFER THIS LETTER AS AN EXPLINATION UNDER TEXAS RULES OF APPELLATE PROCEDURE . RULE 38.8(A)(1).

APPELLANTS ARE CURRENTLY EXPERIENCING UNFORESEEN DELAYS IN TYPING . PROOFsREADING .. AND RETYPING THEIR APPELLANTS' BRIEF . APPELLANTS ARE CONFIDENT THAT THE COURT WILL RECEIVE THEIR BRIEF WITHIN THE TEN DAYS ALLOWED BY TRCP RULE 5 FOR DOCUMENTS SUBs MITTED BY MAIL . BUT DOUBT IT WILL BE POSTMARKED BY THE CURRENT FILLING DEADLINE OF JANUARY 26 . 2015.

IN THE EXTENT THAT THE BRIEF IS POSTMARKED LATE . APPELLANTS WISH TO INFORM THE COURT IN ADVANCE OF THE REASON FOR THEIR TARDINESS . AND ALSO TO URGE THE COURT THAT APPELLEE TDCJ IS UNLIKELY TO BE SIGNIFICANTLY INJURED BY THE SHORT DELAY THAT WOULD BE INVOLVED.

APPELLANTS THEREFORE RESPECTFULLY ASK THE COURT TO ACCEPT

THEIR BRIEFJ IF NECESSARYJ UNDER TEXAS RULES OF APPELLATE PROCEDUREJ RULE 38.8(A)(2) RATHER THAN REJECTING IT AS UNTIMLY FILED.

AND

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