James Boone v. David Gutierrez, Chairman, Texas Board of Pardons and Paroles

• Court: Court of Appeals of Texas
• Decided: October 4, 2016
• Docket: 03-16-00259-CV
• Status: Published

Opinion

ACCEPTED 03-16-00259-CV 13046945 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/4/2016 11:24:00 AM JEFFREY D. KYLE CLERK NO. 03-16-00259-CV

In the Court of Appeals FILED IN 3rd COURT OF APPEALS For the Third Supreme Judicial District of TexasAUSTIN, TEXAS 10/4/2016 11:24:00 AM JEFFREY D. KYLE Austin, Texas Clerk

JAMES BOONE, Plaintiff-Appellant

v.

DAVID GUTIERREZ, CHAIRMAN, TEXAS BOARD OF PARDONS AND PAROLES Defendant-Appellee

On Appeal from the 201ST Judicial District Court of Travis County Texas.

APPELLEE, DAVID GUITERREZ’S, MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF

COMES NOW, David Gutierrez, Presiding Officer, Texas Board of Pardons and Paroles,

(hereinafter TBPP) by and through the Office of the Texas Attorney General, and asks the Court

to extend the time to file his Appellee’s Brief.

A. INTRODUCTION

1. Appellant is James Boone, TDCJ-ID# 658951, an offender currently incarcerated

at the Ellis Unit within the Texas Department of Criminal Justice, Walker County, Texas.

Appellee is David Gutierrez, Presiding Chair, TBPP.

2. There is no specific deadline to file this motion to extend time. See Tex. R. App. P.

38.6(d).

1 B. ARGUMENT & AUTHORITIES

4. The Court may grant an extension of time under Texas Rule of Appellate Procedure

38.6(d) to extend the time to file a brief.

5. The deadline to file the Appellee’s Brief was September 21, 2016.

6. Appellee requests an additional fourteen (14) days to file Appellee’s Brief,

extending the time until October 05, 2016.

7. No prior extension has been granted to extend the time to file Appellee’s Brief.

8. Appellee Gutierrez needs additional time to file Appellee’s brief because due to an

oversight, appellee’s briefing deadline was not placed on defense counsel’s docket calendar.

C. CONCLUSION

9. Appellee Gutierrez, respectfully requests that he be allowed to file his Appellee’s brief

outside of the due date, September 21, 2016. His failure to file his Appellee’s brief was not

borne out of malice, but of a calendaring error. Defense counsel truly regrets this error and has

taken steps to prevent this occurring in future instances.

D. PRAYER

10. For these reasons, Appellee David Gutierrez, Presiding Chair, TBPP, respectfully asks

the Court to grant an extension of time to file his Appellee’s Brief until October 05, 2016.

Respectfully submitted,

KEN PAXTON Attorney General of Texas

JEFFREY C. MATEER First Assistant Attorney General

BRANTLEY STARR Deputy First Assistant Attorney General

2 JAMES E. DAVIS Deputy Attorney General for Civil Litigation

KAREN D. MATLOCK Assistant Attorney General Chief, Law Enforcement Defense Division

/s/ CAROL M. GARCIA CAROL M. GARCIA Assistant Attorney General Law Enforcement Defense Division Attorney in Charge State Bar No. 07631680 carol.garcia@texasattorneygeneral.gov

P. O. Box 12548, Capitol Station Austin, Texas 78711 Phone: (512) 463-2080 Fax No: (512) 495-9139

ATTORNEYS FOR APPELLEE DAVID GUTIERREZ

CERTIFICATE OF CONFERENCE

I, CAROL M. GARCIA, Assistant Attorney General of Texas, certify that I am unable to

confer with James Boone, as he is an incarcerated offender, currently assigned to the Ellis Unit,

Walker County, Texas, making a conference impermissible. It is presumed that he is opposed to

Appellee David Gutierrez’s Motion to Extend Time to File Appellee’s Brief.

/s/ Carol M. Garcia CAROL M. GARCIA Assistant Attorney General

3 NOTICE OF ELECTRONIC FILING

I, CAROL M. GARCIA, Assistant Attorney General of Texas have electronically

submitted for filing, a true and correct copy of the above and foregoing Appellee David

Gutierrez’s Motion to Extend Time to File Appellee’s Brief, in accordance with the Electronic

Case Files System of the Third Court of Appeals, Austin, Texas on the 04th day of October 2016.

/s/ Carol M. Garcia CAROL M. GARCIA Assistant Attorney General

CERTIFICATE OF SERVICE

I, CAROL M. GARCIA, Assistant Attorney General of Texas, certify that a true and

correct copy of the above and foregoing Appellee David Gutierrez’s Motion to Extend Time to

File Appellee’s Brief has been served by placing same in the United States Mail on this 04th day

of October 2016 addressed to:

James Boone, TDCJ #658981 1697 FM 980, Ellis Unit Huntsville, Texas 77343-0001 Appearing Pro Se

/s/ Carol M. Garcia CAROL M. GARCIA Assistant Attorney General