Gerald Lee Ricks v. Suzanne S. Radcliffe

Opinion

CAUSE NO. 14-15-00825-CV

GERALD LEE RICKS, IN THE FOURTEENm- '^ Appellant \L vs. COURT OF APPEA

SUZANNE S. RADCLIFFE Appellee HOUSTON, TEXAS

APPELLANT'S MOTION REQUESTING AN EXTENSION / CH^STOpHBFt OF TIME TO FILE BRIEF *

Appellant, Gerald Lee Ricks, asks the Court to extend the time to file his appellant's brief.

INTRODUCTION

1. Appellant is Gerald Lee Ricks; appellee is Suzanne Schwab Radcliffe.

2. There is no specific deadline to file this motion to extend the time. See Tex.R.App.P. 38.6(d).

3. The Court has authority under Texas Rules of Appellate Procedure 38.6(d) to extend the time to file a brief.

4. Appellant's brief was/is due on November 2, 2015.

5. Appellant requests an additional 90 (ninety) days to file his brief extending the time to file until February 2, 2016. 6. No extension has been requested or granted to file Appellant's brief.

7. Appellant needs additional time to file his brief because

on October 13, 2015, the McConnell Unit of the Texas

Department of Criminal Justice, where appellant is incarcerated, went on institutional lockdown status. 8. During institutional lockdowns, inmates are confined to

their living areas 24 (twenty-four) hours a day. Inmates are

not allowed to physically visit the Unit Law Library.

9. Pursuant to Texas Department of Criminal Justice

Inmate Orientation Handbook, during lockdowns "They

[inmates] shall be allowed to request and receive up to

three items of legal research materials per day, delivered

on three alternating days per week, such as M-W-F, from the

unit's law library for in-cell use.'1 Id. at pg. 124.

10. However, during lockdowns, inmates are not permitted to

request legal visits with other inmates.

11. Appellant attaches an affidavit to this motion to

establish facts not apparent from the record and not

included in the appellate record, and are not known to the

Court in its official capacity.

Arguments & Authorities

12. The law is clear that when a party requests an extension

of time before the deadline Texas Rules of Civil Procedure 5

permits the court to grant an extension of time for "cause

shown," with or without a motion or notice. The party is hot

required to show "good cause," a higher burden, if the party

files the motion before the filing deadline. See TRCP 5.

13. However, when the party asks for additional time after

the deadline, TRCP 5 requires the party to file a motion and

show good cause for not acting before the deadline. See

Remington Arms Co. v. Canales, 837 S.W.2d 624, 625. 14. Lastly, "[A] reasonable explanation is 'any plausible

statement of circumstances indicating that the failure to

file within the [specified] period was not deliberate or

intentional, but was the result of inadvertence, mistake or

mischance.'" Ibid. Calce v. Dorado Expl., Inc. 309 S.W.3d

719, 730 (Tex.App.- Dallas 2010, no pet.)(proper focus on

"reasonable explanation" cases is on lack of deliberate or

intentional failure to comply).

15. In the present case, the current institutional lockdown

severely handicaps appellant's ability to file his

appellant's brief because he is totally unlearned in matters

of law and throughout this process has been assisted by

another inmate. The adminiatrative lockdown pervents

appellant from having legal visits with the inmate assisting

him; as well as prevents appellant from visiting the law

library. Appellant has no earthly idea what "legal research

materials" to even request from the law library during this

period of lockdown.

CONCLUSION

Appellant does not file this motion requesting an

extension of time to delay, annoy, or harass. This motion is

filed in good faith and to allow appellant the time he

desperately needs to seek the assistance so that a proper

brief of errors can be drafted and submitted to this Court.

Appellant honestly believes in the merits of this case and

asks the Court to grant this one and only extension. PRAYER

16. WHEREFORE, PREMISES, ARGUMENTS AND AUTHORITIES

CONSIDERED, Appellant prays this Honorable Court will grant

him an extension, of time until February 2, 2016, to file his

Appellant's Brief.

Mr. Gerard Lee Rficks' Appellant Pro Se c/o ML 048 - (#1049115) 3001 South Emily Drive Beeville, Texas 78102

CERTIFICATE OF SERVICE

I, Gerald Lee Ricks, certify and verify a true and

correct copy of the foregoing motion for extension of time

has been served on counsel for appellee at: Mr. Kenneth

D. McConnico, 830 Apollo, Houston, Texas 77058, by placing

same in the U.S. mail, postage pre paid. Executed on this

the 13th day of October 2015.

Mr. Gera: Appellant Pro Se Mr. Gerald Lee Ricks c/o ML 048 - (#1049115) 3001 South Emily Drive IRIO €SRAMDE 'DISTRICT Beeville, Texas 78102 FILED IN Hon. Christopher A. Prine Clerk of the Court OCT 16 ^ 301 Fannin, Houston, Texas Room 208 77002-2066 CLEB^- ATTENTION: LEGAL MAIL "?~-GG22GB27C 'J'i'i'l':«!i,J»"'W"''illii''i'!'l-i.'i,JI'i/l/li'MJ'''iM' e> 3wBBaBaBa •HJI Jljl [IIILJJDUIJIJI *^ w "•- ~ 0 d T / 1' a £.1 'r* * f "I v ft"'' *r* ( if' - *v /