Robert C. Morris v. Sherri Milligan

Opinion

ACCEPTED 12-14-00332-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 6/29/2015 1:57:02 PM CATHY LUSK CLERK

No. 12-14-00332-CV FILED IN In the Court of Appeals 12th COURT OF APPEALS TYLER, TEXAS for the Twelfth District of Texas 6/29/2015 1:57:02 PM CATHY S. LUSK At Tyler Clerk

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ROBERT C. MORRIS, Appellant, v. SHERRI MILLIGAN, ET AL, Appellees. ____________________________________ On Direct Appeal from the 349th Judicial District Court of Anderon County, Texas Trial Court Cause No. 349-6270 ____________________________________

APPELLEES’ MOTION FOR EXTENSION OF TIME TO FILE BRIEF AND DESIGNATION OF LEAD COUNSEL ____________________________________

Motion for extension of time to file brief

Appellees’ counsel moves for 30 days to file Appellees’ brief in this matter. The

counsel-to-be-noticed on this appeal left the Division before the appeal, and current

counsel did not receive a notice of appeal or brief. Additionally, counsel needs to

order the record on appeal in order to draft her arguments. Appellees’ counsel is also

going to be out of the country for the first two weeks in July and has a jury trial upon

her return on July 20, 2015. For these reasons Appellees’ counsel seeks an extension 1 in order to properly prepare a brief. This motion is not meant to delay or prejudice

Appellant. Instead the reassignment of this case caused the Office of the Attorney

General’s office to miss notifications on this appeal. Appellees’ counsel will work

diligently to file a brief as soon as the appellate record is received. Thus, Appellees’

counsel seeks a 30 day extension—making the brief due on July 29, 2015.

Designation of Lead Counsel

The above-styled case had been re-assigned within the Office of the Attorney

General of Texas from Patrick N. Brezik to the undersigned counsel. Undersigned

counsel respectfully requests the designation for Attorney-in-Charge/Lead Attorney

for the above-styled case be changed to her name, as she now has primary

responsibility for Appellees in this matter.

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

2 /s/ Veronica L Chidester VERONICA L. CHIDESTER Assistant Attorney General Attorney-in-Charge State Bar No. 24082161 Veronica.Chidester@texasattorneygeneral.gov

Law Enforcement Defense Division P. O. Box 12548, Capitol Station Austin, Texas 78711 (512) 463-2124 / (512) 936-2109 Fax

ATTORNEYS FOR APPELLEES

CERTIFICATE OF CONFERENCE

Plaintiff is an inmate, proceeding pro se, housed in the Texas Department of Criminal Justice. Undersigned, therefore, was unable to conference with Plaintiff. It is assumed that Plaintiff is opposed to this motion.

NOTICE OF ELECTRONIC FILING

I, VERONICA L. CHIDESTER, Assistant Attorney General of Texas, do hereby certify that I have electronically submitted for filing a true copy of the above APPELLEES’ MOTION FOR EXTENSION OF TIME TO FILE BRIEF AND DESIGNATION OF LEAD COUNSEL in accordance with the Electronic Case Files System of the Twelfth Court of Appeals, on June 29, 2015. /s/ Veronica L. Chidester VERONICA L. CHIDESTER Assistant Attorney General

3 CERTIFICATE OF SERVICE

I, VERONICA L. CHIDESTER, Assistant Attorney General of Texas, certify that a true copy of the above APPELLEES’ MOTION FOR EXTENSION OF TIME TO FILE BRIEF AND DESIGNATION OF LEAD COUNSEL has been served by placing it in United States Mail, postage prepaid, on June 29, 2015, addressed to: Robert C. Morris, TDCJ No. 1311083 TDCJ-Smithl Unit 1313 CR 19 Lamesa, Texas 79331 Plaintiff Pro Se

/s/ Veronica L. Chidester VERONICA L. CHIDESTER Assistant Attorney General