Johnny Partain v. State of Texas

Opinion

ACCEPTED 15-25-00005-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 4/7/2025 2:41 PM No. 15-25-00005-CV CHRISTOPHER A. PRINE __________ CLERK FILED IN 15th COURT OF APPEALS In the AUSTIN, TEXAS Fifteenth Court of Appeals 4/7/2025 2:41:22 PM ___________ CHRISTOPHER A. PRINE Clerk

JOHNNY PARTAIN, Plaintiff –Appellant, v.

STATE OF TEXAS, Defendant –Appellee. ___________

On Appeal from the 126th Judicial District Court, Travis County, Texas ___________

MOTION FOR EXTENSION OF TIME TO FILE APPELLEE BRIEF ___________

To the Honorable Fifteenth Court of Appeals:

1. As currently scheduled pursuant to the Texas Rules of Appellate

Procedure and order of this Court, Appellee State of Texas is

scheduled to file its Appellee brief on April 24, 2025, following

service of Appellant’s brief on March 25, 2025.

2. Pursuant to Texas Rules of Appellate Procedure 38.6(d) and 10.5(b),

Appellee seeks an extension of either thirty days after the filing of

the Reporter’s Record with the Honorable Fifteenth Court of 1 Appeals, or, in the alternative, a thirty-day extension of Appellee’s

present filing deadline.

3. Appellant filed a notice with the Court representing that Appellant

had contacted the trial court to obtain the Reporter’s Record, but

that the trial court represented to Appellant that no Reporter’s

Record existed. Therefore, Appellant filed his brief without a

Reporter’s Record.

4. Shortly after the filing of Appellant’s brief, Appellee discovered that

a Reporter’s Record does exist. It appears Appellant contacted the

trial court listed on the district court docket sheet (the 126th

District Court) to obtain the Reporter’s Record, but due to Travis

County’s central docket, the case was not heard in the 126th

District Court. The case was heard in the 353rd District court. As

such, the Court Reporter for the 126th District Court correctly

represented to Appellant that she did not have a Reporter’s Record

for this case.

5. Appellee contacted the Court Reporter for the 353rd District Court

and discovered she did have a Reporter’s Record for this case.

Appellee promptly alerted Appellant to the mistake and forwarded

2 Appellant’s Request for Reporter’s Record to the correct Court

Reporter. The Court Reporter for the 353rd District Court was

prepared to file the Reporter’s Record with this Court, but as

indicated in the Court Reporter’s Status Report, Appellant

instructed the Court Reporter that he would not pay for the

6. Appellee is making arrangements to pay for the Reporter’s Record.

For these reasons, an extension of time is respectfully requested to

file Appellee’s brief in this matter.

7. This extension is sought in the interest of justice and not for delay.

No party will be prejudiced if this extension is granted. No previous

extensions of Appellee’s brief deadline have been requested or

granted. Appellant, Johnny Partain, indicated to the undersigned

counsel that he has no objection to an extension of Appellee’s brief

deadline as requested.

8. For the foregoing reasons, Appellee respectfully requests the Court

grant either a thirty-day extension from the filing of the Reporter’s

Record, or, in the alternative, a thirty-day extension of Appellee’s

current brief deadline.

3 Respectfully submitted,

KEN PAXTON KIMBERLY GDULA Attorney General of Texas Chief, General Litigation Division

BRENT WEBSTER Ali Thorburn First Assistant Attorney General Texas Bar No. 24125064 Assistant Attorney General RALPH MOLINA General Litigation Division Deputy Attorney General for Civil P.O. Box 12548, Capitol Station Litigation Austin, Texas 78711-2548 (512) 475-4392 AUSTIN KINGHORN FAX: (512) 320-0667 Deputy Attorney General for Civil ali.thorburn@oag.texas.gov Litigation Counsel for Appellee

4 CERTIFICATE OF CONFERENCE

I certify that on March 27, 2025, I conferred with Appellant, Johnny Partain, who indicated on March 27, 2025, that he did not oppose the relief requested herein. /s/ Ali Thorburn ALI THORBURN Assistant Attorney General

CERTIFICATE OF SERVICE

I certify that a copy of the above Motion for Extension of Time to File Appellee Brief was served on the 7th day of April 2025, upon the following individuals by email, Certified Mail, Return Receipt Requested and via regular mail:

Johnny Partain Plaintiff Pro Se 7020 N. 16th Street McAllen, Texas 78504

CM/RRR#: 9589 0710 5270 0480 2532 69

/s/ Ali Thorburn ALI THORBURN Assistant Attorney General

5 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Ariana Ines on behalf of Ali Thorburn Bar No. 24125064 ariana.ines@oag.texas.gov Envelope ID: 99363994 Filing Code Description: Motion Filing Description: MOTION FOR EXTENSION OF TIME TO FILE APPELLEE BRIEF Status as of 4/7/2025 2:52 PM CST

Associated Case Party: State of Texas

Name BarNumber Email TimestampSubmitted Status

Ali Thorburn Ali.Thorburn@oag.texas.gov 4/7/2025 2:41:22 PM SENT

Associated Case Party: Johnny Partain

Johnny Partain partain@atlastechnologies.biz 4/7/2025 2:41:22 PM SENT