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

Opinion

FILED IN

1STCOURT OF APPEALS

HOUSTON, TEXAS

NOV - 3 2015

C4USE NO.0.1-15-00036-CV CHRIST^HERAPR|NE

CLfcfiK.

Russell Ham, * IN THE FIRST DISTRICT TDCJ-ID#11044449

* COURT OF APPEALS

William Stephens,ET.AL * HOUSTON,TEXAS

*

APPELLANT RUSSELL HAM'S MOTION TO EXTEND TIME

TO FILE MOTION FOR REHEARING

TO THE HONORABLE JUSTICES OF SAID COURT:

COMES NOW,Russell Han^Appellant,Pro s.e in the above styled and referenced cause number and asks this Honorable Court to

extend the filing due date until December 10,2015.Appellant will respectfully show this court the following :

I.

PROCEDURAL HISTORY

Appellant Ham,a prisoner confined within the walls of the

Allan B.Polunsky Unit,Livingston,Texas.Appellant contends that his personal and religious proprty was unlawfully confiscated by Officer Sullivan.Appellant filed his state tort claim with the 411th District court,Polk County,Texas after exhausting the prison grievance procedure. TheDistrict Court dismissed appellant's claims without considering them. Appellee's brief asking the court to affirm the judgement of the trial court.

Appellant then filed areply brief .This Honorable First Dis

trict Court of Appeals ruled on these briefs oh October 15,2015,

this Court affirm*s the 411th District court's judgement.

ii .

THETexas Rules of Appellate Procedure Rule 10.5 hasno specific

deadline to file a motion toextend time.

Ill.

ARGUMENTS AND AUTHORITIES

This Honorable Court has the authority to grant Appellant an

extension of time under the Texas Rules of Appellate Procedure, see Rule 10.5(b),Motions to extend time. No extensions have

been granted to file the motion for rehearing.

Appellant is only allowed to access the TDCJ's Polunsky Unit law library tor 2hours a day Monday thru Friday. Appellant is a laymen and not a person skilled in the law. Furthermore, the Polunsky Unit law library does not provide current caselaw, Appellant must request caselaw from the Law Library Clerk and Appellant is only allowed to make 3 requests a day which is given to Appellant the following day if it is available.

This extension is not to delay,nor is it deiberate,but was

the result of ihadvertanee,mistake,or mischance. Hone v.Hanafin,

104 s.w.3d 884,S86(Tex.2003);see also Stangel v. Parker,945

S.W..2.d 114,114(Tex.1997).

PRATER

For these reasons,Appellant Ham asks this Honorable Court to

grant an extension of time to fileMotion For Rehearing until

December 10,2015.

Respectfully- submitted,

Russell Ham,Pro se TDCJ-ID#1104449 Allan B.Polunsky Unit 3872 FM 350 South Livingston,Texas 7 7351

CERTIFICATE OF SERVICE

i,Russell Ham,TDCJ-ID#ii04449,Appellant,Pro se certify that

THE FOREGOING Motion to Extend Time to File Motion for Rehearing

has been placed in the Allan B.Polunsky Unit's mailbox on October

30,2015,postage prepaid,first class mail addressed to the Court

of Appeals,First Discrict,301 Fannin,Houston,Texas 7.70.02-2066.

An additional copy has been transmitted to the following:

Bir i a ha Webb Assistant Attorney General P.O.Box 12548 Austin,Texas 78711

Russell Ham,Pro se TDCJ-ID#1104449

RUSSELL HAM $ 1104449 Polunsky Unit 38 72 FM 350 South FILEDin Livingston, 'i'X 77351 rCOUATOFAPPEM"8 HCv" •''-.•"' '

October 30, 2015 NOV - 3 ;- '5

Court of Appeals " t n "a clerkCZI

Firt District 301 Fannin Houston/Texas 77002-2066

Re:Russell Ham V. William Stephens No. 01-15-00036-CV

Dear Clerk: Enclosed please find (1) Original Copy of Appellant Russell Ham's motion to Extend time to file motion for rehearing to be filed with this Honorable Court. Please bring this motion to the Court's attention. Also enclosed is Appellants copy of Appellant Russell HamVs motion to extend time to file motion for Rehearing. Please date stamp Appellant's copy and return inthe s.a.s.e. to the above address. Thank you. A true and correct copy has been mailed to the Appellee. Respectfully sudmitted.

Russell Ham;Pro se

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