Robert C. Morris v. Sherri Milligan

IN THE TWELFTH COURT OF APPEALS TYLER , TEXAS ROBERT C . MORRIS NO . tri&oW&forfiPoFAPPEALS vs . § T/C N 0 J2itaQo4#12o7(appe3[s District SHERRI MILLIGAN , ET AL. MOTION FOR EXTENSION OF TIME TO THE HONORABLE COURT OF APPEALS: | CATHY S.LUSK, C COMES NOW . Robert C - Morris . Appellant Pro Se. 15 the above\* numbered cause, and respectfully files and submits this his Motion"""For Extension of Time, to file Appellate Brdef . Morris seeks his second extension of time due to the followinq circumstances beyond his control. I . Morris is presently incarcerated at the Smith Unit of TDCJ in Laraesa . Texas - He is proceedinq in this matter informa pauperis. Morris also wishes to direct the Court's attention to a Motion For Immediate Court Or&er filed inaccompany of this motion on this date . The facts presented in that motion are the bases for this second extension of tim e - Being indigent. Morris relies upon prison officials to obtain the necessary supplies to file courc pleadings- For TDCJ this duty falls upon the Access To Courts department, which each unit has a ATC Supervisor On the Smith Unit that person is Albert Jimenez. On February 24, 2015 . Morris requested 180 sheets of paper to prepare three(3) copies of his appellate brief. Mr. Jimenez refused to supply 180 sheets, instead providing 35 sheets of paper. Morris has souqht relief from the administrative remedies a vailab ifet to him. The Step 1 qrievance was returned on March 6, 2015. denyinq relief, stating Jimenez did nothinq wronq despite U.S. Supreme Court law and TDCJ policy. Morris has appealed this decision to the next level , but a decision can take up to 40 days . Morris's filinq deadline is March 17, 2015- The likelihood that Morris is provided the necessary supplies by March 17- 2015 is very unlikely, even with a Court Order. Thus . Morris request a second extension of time of 30 days to new filing deadline of April 16 , 2015 , due to the circumstances presented herein and in accompanying motion for immediate c o u r t order- Morris asserts he would have timely filed his appellate brief if he had had the necessary supplies. These circumstances are beyond Morris's control and the extension is not to cause delay or injury to parties involved. PRAYER WHEREFORE , PREMISES CONSIDERED, the Appellant Robert C. Morris , prays this Honorable Court qrants an extension of time from March 17, 2015 to April 16, 2015 due to these extraordinary circumstances beyond Morris 's control , in the interest of justice. Respectfully Submitted, DATED : March 9 , 2015 Robert Cf Morris Appellan t Pro Se TDCJ-ID # 1311083 Smith Unit 13 13 CR 19 Lamesa , TX 7933 1 CERTIFICATE OF SERVICE I • Robert C. Morris . declare under penalty of perjury , that the foreqoing