Russell Ham v. William Stephens, Oliver J. Bell, and Robin Sullivan

• Court: Court of Appeals of Texas
• Decided: January 30, 2015
• Docket: 01-15-00036-CV
• Status: Published

Opinion

Cause No. 09-14-00538-CV FILED IN t ST COURTOF APPEALS HOUSTON. TEXAS

JAN 2 9 2015 CHRISTOPHER /. ^JJINE ITOMFIA. BRir

CLERK.

Russell Ham § IN THE NINTH DISTRICT T.D.C.J.-ID#1104449 § COURT OF APPEALS vs §

Williams StephensiETiAL § BEAUMONT/ TEXAS

§

APPELLANT RUSSELL HAM'S MOTION TO EXTEND TIME

TO FILE BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

COMES NOW, Russell Ham/ Appellant/ Pro se in the above styled

and referanced cause number. Appellant asks this Honorable Court

to extend the filing due date until February 15/2015. Appellant

will respectfully show this Court the following:

I.

Procedural History

Appellant Ham / a prisoner confined within the walls of the

Allen B.Polunsky unit/ Livingston/ Texas. Appellant contends

that his personal & religious property was unlawfully confiscated

by Officer Sullivan. After exhausting the prison grievance pro

gram appellant filed his State Tort Claim with the 411 District

Court/ Polk County/ Texas.

1. Once the defendant was served and given an order to answer.

The defndant filed a Motion to Dismiss. Appellant filed his

amended State Tort Claim (to correct:.-, the defects). Appellants

claims were dismissed by the District Court without considering

the amended State Tort Claim. Appellant timely filed his Notice

of Appeal.

II.

There is no specific deadline to file this motion to extend

time/10.5 Texas Rules Appellate Procedure.

III.

ARGUMENTS AND AUTHORITIES

This Honorable Court may grant an extention of time under

Texas Rules of Appellate Procedure/ Motion to extend time. The

deadline to file the Appellate Brief is January 30/2015. Appell

ate Ham request an additional 45 days to file his Appellate

Brief / extending the time until February 15/2015- No

ions has been granted to extend the time to file the Appellate

Brief.

Appellant Ham contends that he can not meet the Court ordered

deadline. Texas Department of Criminal Justice/Access to Court/

provides access to the unit's law library only on Tuesday

through Saturday. Furthermore/ appellant is only provided with

2 hours a day/ a total of 10 hours a week. Finally/ the Access

to Courts no longer provides current caselaw and has cancelled it's contract West Publishing. Therefore/ if appellant finds

caselaw in whcih he needs/ he must request it/ and he then rece

ives it the following day (if it can be accessed).

This extention is not to delay or is it deliberate / but

was the result of inadvertence / mistake or mischance.Dimotsis vs.

State Farm lloyds/ 966 S.W.2d 657/657(Tex.App-San Antonio/1998,no

pet).

PRAYER

For there reasons/ Appellant Ham asks this honorable Court to

grant an extention to file Appellate Brief until February 15/2015.

Respectfully submitted/

Russell Ham T.D.C.J.-ID#1104449 Allen B.Polunsky Unit 3872 FM 350 South Livingston/Texas 77351

3. CERTIFICATE OF SERVICE

I, Russell Ham, T.D.C.J.-ID#1104449, Appellant, Pro se certify

that the foregoing Motion to Extend Time to file Brief has been

placed in the Allen B.Polunsky Unit's mailbox on January 20,2015,

postage prepaid, first class mail addressed to the Court of Appe

als,Ninth District,1001 Pearl Street,Suite 330, Beaumont,Texas

77701.An additional copy has been transmitted to the following:

Briana Webb Assistant Attorney General P.O. Box 12548 Austin,Texas 78711

Russell Ham T.D.C.J.-ID#1104449

4. RLEDIN

OHo'DDo&dV HOUSTON. TEXAS JAN' 99 20© Date:January 20,2015 % PRJNE

Court of Appeals Ninth District Carol Anne Harley,Clerk 1001 Pearl Street/Suite 330 Beaumont/Texas 77701

Re:Russell Ham vs. William Stephens;ET.AL Cause No.CIV 28800;Case Number 09-14-00538-CV

Dear Clerk/

Enclosed please find (1) Original copy of Appellant Russell Ham's Motion to extend time to file Brief. Would you please file this motion and bring it to their attention.

Also / Would you please file stamp my copy of the foegoing motion for my filings purposes. And return it to me in the enc losed Self Addressed Stamped Envelope for your convenience.

Thank you for your time and assistance in this:matter

Thank you/

Russell Ham T.D.C.J.-ID#1104449 3872 FM 350 South Allen B.Polunsky unit Livingston,Texas 77351