Darrell J. Harper v. State

Opinion

ACCEPTED 03-15-00405-CV 7745472 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/9/2015 2:14:34 PM JEFFREY D. KYLE CLERK No. 03-15-00405-CV

In the Court of Appeals FILED IN 3rd COURT OF APPEALS for the Third District of Texas AUSTIN, TEXAS At Austin, Texas 11/9/2015 2:14:34 PM JEFFREY D. KYLE Clerk ___________________________________

DARRELL J. HARPER, Appellant,

v.

THE STATE OF TEXAS, Appellees. ____________________________________

On Direct Appeal from the 98th Judicial District Court of Travis County, Texas Trial Court Cause No. D-1-GN-14004224 ____________________________________

APPELLEE’S MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF ____________________________________

KEN PAXTON DANIEL C. NEUHOFF* Attorney General of Texas Assistant Attorney General

CHARLES E. ROY OFFICE OF THE ATTORNEY First Assistant Attorney General GENERAL P.O. Box 12548 JAMES E. DAVIS Austin, Texas 78711-2548 Deputy Attorney General Tel: (512) 463-2080 for Civil Litigation Fax: (512) 936-2109

KAREN D. MATLOCK Counsel for Appellee Chief, Law Enforcement *Attorney-In-Charge Defense Division TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS,

AUSTIN:

Appellee the State of Texas, through the Office of the Attorney General,

submit this motion for extension of time to file Appellee’s Brief. Appellees ask this

Court to grant a 30 day extension of time to file Appellee’s Brief. In support, the

Office of the Attorney General Respectfully offers the following:

1. On May 29, 2015, this cause was dismissed pursuant to Chapter 11 of the

Texas Civil Practice and Remedies Code because Appellant, Darrell J. Harper, was

determined to be a vexatious litigant and failed to furnish the required security to

pursue his case. On July 2, 2015, undersigned counsel was given notice that Harper

had given notice of appeal. On October 5, 2015, Harper filed his Judgment by

Default, filed as his appellant’s brief. Appellee’s deadline for filing Appellee’s Brief

is November 12, 2015. No extensions have previously been sought by Appellee.

2. The court may extend the time to file Appellee’s brief if the motion states: (A)

the deadline for filing the item in question; (B) the length of the extension sought;

(C) the facts relied on to reasonably explain the need for an extension; and (D) the

number of previous extensions granted regarding the item in question. TEX. R. APP.

P. 10.5(b)(1). Appellee’ brief is due November 12, 2015. Appellee seeks a thirty (30)

day extension of time to file Appellee’s brief. Undersigned counsel will be in

Houston, Texas from November 9, 2015 through November 11, 2015 for an expert

1 deposition in an unrelated case. Furthermore, undersigned counsel has two motions

for summary judgment due November 13, 2015, one in a potential class action

involving an entire prison unit. Appellee does not seek this extension in bad faith for

the purpose of delay, but in order that undersigned counsel may fully represent his

client. Appellee has not sought any other extensions in this appeal.

Conclusion and Prayer

Appellee now respectfully requests the Court grant a 30 day extension of time

to file Appellee’s brief in this case.

Date: November 9, 2015

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

/s/ Daniel C. Neuhoff DANIEL C. NEUHOFF Assistant Attorney General Attorney-in-Charge Texas Bar No. 24088123

2 Law Enforcement Defense Division P. O. Box 12548, Capitol Station Austin TX 78711 (512) 463-2080/Fax (512) 936-2109 daniel.neuhoff@texasattorneygeneral.gov ATTORNEYS FOR APPELLEE STATE OF TEXAS

3 NOTICE OF ELECTRONIC FILING

I, DANIEL C. NEUHOFF, Assistant Attorney General of Texas, do hereby certify that I have electronically submitted for filing, a true and correct copy of the above and foregoing Motion in accordance with the electronic filing system for the Third Court of Appeals on this the 9th day of November, 2015.

/s/ Daniel C. Neuhoff DANIEL C. NEUHOFF Assistant Attorney General

CERTIFICATE OF SERVICE

I, DANIEL C. NEUHOFF, Assistant Attorney General of Texas, certify that a true and correct copy of the above and foregoing APELLEE’S MOTION FOR EXTENSION OF TIME has been served by placing it in the United States Mail, postage prepaid, on November 9, 2015, addressed to: Darrell J. Harper, No.1957729 TDCJ - Ellis Unit 1697 FM 980 Huntsville, TX 77343 Plaintiff Pro Se

/s/ Daniel C. Neuhoff DANIEL C. NEUHOFF Assistant Attorney General