Butler, Quincy Deshan

• Court: Texas Supreme Court
• Decided: February 6, 2015
• Docket: PD-0129-15
• Status: Published

Opinion

PD-0129-15 TEXAS COURT OF CRIMINAL APPEALS

QUINCY DESHAN BUTLER § § Appeal No, 10-13-0430-CR

v Trial No. 12-00412-CR^M'T^^^tnh^'^ ^ THESTATEOFTEXAS § uuuA> 0F ?M'ML APPEALS

FEB 06 2015 MOTION FOR EXTENTION OF TIME TO

FILE PETITION FOR DISCRETIONARY REVIEW Ab©.1 AfiOSfoa Wr

This is an appeal action brought by a Texas State prisoner

Quincy Deshan Butler, hereinafter styled Petitioner, under Texas

Rules of Appellate Procedure. The Petitioner moves this Court to

consider his Motion For Extention Of Time To File Peti tionpjIpErQ |M Discretionary Review. In support of , , . his motion , COURT .OF CRIMINAL APPFAI the Petitioner «5 >-.™-*>

will show the following: FEB C - _ .

1 . This appeal is followed after an order from the Four^ggp^^,S|a Qet'k

Court Of Appeals, by the order of the Court the Petitioner has

until February 7, 2015 to file a Petition For Discretionary

Review. This Motion for Extention of Time is being mailed on

January 25, 2015, therefore it is timely filed.

2. Petitioner who is representing himself on a pro se basis is

allowed access to the prison law library only (10) hours per

week which prevents him from completeing the necessary re

search required-;to properly draft an adequate petition.

Additionally, and in the same vein, due to spontaneous, ran-

.io dom lockdowns, the Petitioner has been deprived of sufficient

access to the law library.

3. Petitioner asserts that due to unusual circumstances at the

Allred Unit, in essence, these circumstances have stagnated

and has been overwhelmingly impedeing on the Petitioner's

1 of 3 progress during the last thirty (30) days plus, the Petitioner

has been enduring episodes of lockdowns in response to inmates!

fighting, making alcohol,,inmates getting caught with dangerous

weopons and contraband, all these mishaps in which are indepen

dent situations that have nothing to with the Petitioner's

conduct, but yet and still, the Petitioner is a victim of these

circumstances and has to suffer the consequences of lockdown

through no fault of his own. Furthermore, The Allred Unit just

lifted the twenty-one (21) days bi-annual lockdown on January 3,

2015, but the lockdowns have been ongoing and continuous since

the lift due to the above mentioned conduct by various inmates.

These lockdowns most certainly hinder the Petitioner's pro-,

gress due to being allowed to recieve one case cite a day, as

well as not being able to physically go to the law library to

conduct proper research.

CONCLUSION

This is Petitioner's first request for an extention of time

in this cause. This request is not designed to harass the State,

nor to unnecessarily delay these proceedings, but to ensure that

the Petitioner'has a timely oppurtunity to draft a proper Peti

tion for Discretionary Review. Accordingly, the Petitioner moves

this Court by respectfully requesting an extention of sixty (60)

days up to and including March 25, 2015, to file his Petition

For Discretionary Review.

2 of 3 PRAYER

Wherefore,: .premises considered, the Petitioner prays that this

Honorable Court grant his MotLion For Extention Of Time To File

Petition For Dicretionary Review in the interest of justice.

UNSWORN DECLARATION

"My name is Quincy Deshan Butler, my date of birth is 5/217198%

and my inmate identifying number, is 01899541 . I am presently

incarcerated iri James V. Ailred Unit in Iowa Park, Wichita

County, Texas 7636J7-6568 • I declare under penalty of perjury

that the foregoing is true and correct. t*

Executed on the .2,5th day of .January, , 2015. LMjjt^^y^~(]R^4>^- (offend/en signature)

CERTIFICATE OF SERVICE

I Quincy Butler, do hereby certify that a true and correct

copy of this instrument has been served by placing same in the

U.S. Mail, postage prepaid, on this 25th day of January, 2015,

addressed to:,

Court of Criminal Appeals of Texas P.O. Box 12308, Capital Station Austin, Texas 78711 Quincy Deshafa^Butler TDCJ-ID # 1899541 J -V . Ailred Unit 2101 F.M. 369 North Iowa Park, Texas 76367-6568

3 of 3 TEXAS COURT OF CRIMINAL APPEALS

QUINCY DESHAN BUTLER APPEAL NO. 10-13-0430-CR V .

TRIAL NO. 12-0O472-CRF272 THE STATE OF TEXAS

MOTION FOR LEAVE TO FILE

MOTION FOR EXTENTION OF TIME TO

i: .: F'lDEdBETIltlON: FOR''DISCRETIONARY REVIEW

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Quincy Deshan Butler, hereinafter styled Petitioner

in Pro se capacity, request that this Honorable Court grant his Motion For Leave To File Motion For Extention Of Time To File

Petition For Discretionary Review in the name and interest of

j ustice .

(GRANT) (DENIED)

signed on: /s/ Judge Presiding

PRAYER

Wherefore,.premises considered, the Petitioner prays that this

Honorable Court grant his Motion For Leave To File Motion For Ex-

ention Of Tiime To File Petition For Discretionary Review.

I, Quincy Butler, do hereby certify that a true and correct

copy of this instrument has been served by placing same in the

U.S. Mail, postage prepaid, on this 25th day of January, 2015,

addressed to: fJu^^^UjM^ Court of Criminal Appeals of Texas P.O. Box 12308, Capital Station Quin.cf Butler f 1899541 Austin, Texas 78711