Troy Daniel Thoele v. Greg Abbott Marjie Johnson Ross Behrens, Individually and in the Official Capacity And the State of Texas Attorney General's Office in the Official Capacity

Opinion

IN THE COURT OF APPEALS

THIRD DISTRICT OF TEXAS, AUSTIN RECEIVED

TROY DANIEL THOELE, § JA;1 0 4 20i]

Appellant-Plaintiff, § X \ THIRD CODRT OF APPEALS ^ ^ \ _JEFFRFyD KVIE V. § COA No. 03-17-00458-CV —

§

GREG ABBOTT, et. al., § Appellees-Defendants. § January 4, 2018

APPELLANT'S FIRST MOTION FOR EXTENSION OF TIME

COMES NOW, Troy Daniel Thoele, Appellant, pro se, and files

this his first motion for extension of time to file his Appellant

Brief. In support of this motion. Appellant would show the following:

I.

The Reporter's Record in this cause was filed on December 16,

2017. Accordingly, Appellant's Brief is due on January 16, 2017,

30 days later. Plaintiff-Appellant requests the court extend this deadline for an additional 30 days for the following reasons:

1) This Honorable Court granted Appellant's motion for the record

on appeal on December 21, 2017. The same day, the court sent the record. However, the record was delivered to Appellant by

the Huntsville Unit on December 26, 2017, having already lost

10 days of the 30 day allotment.

2) Appellant is a pro se inmate litigant, untrained in law.

While the State has a vast arsenal of resources at its disposal.

Appellant does not. The State of Texas, through the Texas Department of Criminal Justice, makes the prison law library difficult to

use, most notably lacking the electronic resources the Appellees have at their disposal.

Appellant has not previously requested an extension of time.

Prayer for Relief

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays

this Honorable Court grant a 30 day extension for filing the

Appellant's Brief, with the new deadline being Febrary 16, 2017.

Resp.^fi^fully submitted,

Tro^.,,^oele, Appellant-Plaintiff, pro se

Inmate's Unsworn Declaration

"My name is Troy Daniel Thoele, my birthdate is August 22, 1971, and my inmate identification number, if any, is 1784662. I am presently incarcerated in the Huntsville Unit, City of Huntsville, Walker County, 77340. I verify and declare under penalty of perjury that the foregoing is true and correct.

Executed this, the 2nd day of January, 2018.

DeciL&taut

Troy Thoele #1784662 Huntsville Unit 815 12th Street Huntsville, TX 77340

Certificate of Service

I hereby certify that a true and correct copy of Appellant's First Motion for Extension of Time was sent to:

Demitri Anastasiadis Law Enforcement Defense Division Texas Attorney General's Office P. 0. Box 12548 Austin, TX 78711

via U.S.P.S. First Class Mail, postage prepaid.

Executed this, the 2nd day of January, 2018.

T^oy^hoele, Appellant, pro se

Troy Thoele #1784662 Huntsville Unit 815 12th Street Huntsville, TX 77340

Troy Thoele #1784662 Huntsville Unit 815 12th Street Huntsville, TX 77340 r^ECEIVED's

Jeffrey D. Kyle, Clerk 0/ m Third Court of Appeals P. 0. Box 12547 THIRDCCl'STOFA^FEA'S/ V_JrrREYD_„V,E ^

Austin, TX 78711-2547

January 2, 2018

RE: Thoele v. Abbott, et. al., COA Number 03-17-00458-CV

Mr. Kyle:

Enclosed please find my first motion for extension of time, asking the court to extend the January 16th deadline for my appeal to February 16, 2018. Please file and bring to the attention of the Court.

Sincerely,

Tr iv^hoele

enclosures

Troy Thoele #176'+&62 Huntsville Unit 815 12th Street Huntsville, TX 77340 /RECEIVElT' ■

Jeffrey D. Kyle, Clerk Third Court of Appeals ja;j 0 4 m i P. 0. Box 12547 ■uCO>.fJi,FAPr'EALS J THIRD CO

Austin, TX 78711-2547

hEGAL - CONFIDENTIAL •7871 1-25^*747