March 9 , 20 15
Twelfth Court of Appeals
1517 W. Front S t . , Ste 354
Tyler. Texas 75 702
RE : No . 12 -14 -00332 -CV
Robert C. Morris v. Sherri Milliqan
T/C No . 349 -6270
SEAR COURT CL ERK ,
Please find enclosed the followinq motions to be filed and submitted
to the Court for consideration and ruling:
• MOTION FOR IMMEDIATE COURT ORDER
• MOTION FOR EXTENSION OF TIME
On this date , a true and correct copy has been served upon the
Appellee's counsel of both motions.
Please notify me immediately upon the Court's consideration and
rulinq on these motions.
Thank you for your time and assistance in this matter, it is greatly
appreciated and welcomed.
S incerely ,
Appellant Pro. Se
TDCJ-ID # 1311083
Smith Unit
13 13 CR 19
Lamesa - TX 79331
enclosure (s) : 2(3/2 paqes)
cc : file
Patrick Brezik, Asfei . Attorney General
IN THE
TWELFTH COURT OF APPEALS
TYLER , TEXAS
ROBERT C . MORRIS
FJUEQ \Ji COURT OF APPEALS
NO- 12
;oaiTof'..yppea;s District
vs
T/C NO
SHERRI MILLIGAN, ET AL
MOTION FOR IMMEDIATE COURT ORDER
CATHY S. LUSK, S^ERK
TO THE HONORABLE COURT:
COMES -NOW , Robert C. Morris, Appellant Pro Se , in the above styled
numbered cause, and respectfully files and submits this his Motion For
Immediate Court Order to direct Texas Department of Criminal Justice-
Smith Unit in Lamesa- Texas to provide legal correspondence supplies(i.e
paper) necessary so that Morris can prepare his Appellant Pro Se Brief
in the above cause. Morris shows the followinq in support of immediate
Court Order.
Morris is incarcerated at the Smith Unit of TDCJ in Lamesa , Texas.
He is indigent and proceedinq informa pauperis in this cause. Morris
has a filinq deadline of March 17, 2015 to file his pro se brief.
On February 24, 2015, Morris requested from the Access To Courts
Supervisor Albert Jimenez 180 sheets of paper to prepare three(3)
copies. Jimenez refused to provide the paper, however gave Morris 35
sheets of paper. Morris estimated his brief and appendix will be 60 pages
well within the Rules of Appellate Procedure.
Morris filed a Step 1 Grievance(adm in is tra ti ve remedies) on February
26. 2015 . A response to the Step 1 came back on March 6, 2015 which
stated : 'Your complaint has been investigated and reviewed. Mr. Jimenez
states that he informed you that he would not issue 180 sheets
of paper . but would issue 25 to 35 sheets of paper with proof of
use. Records indicate that you have been receiving extra sheets
of paper. No Further action warranted.
/s/ Warden Cousby (sp?)
Morris has filed a Step 2 Grievance, however the processing time
of such is 40 days, with no guarantee of a decision in Morris's favor.
Morris has filed and submitted to this Court a second extension of time
motion due to these circumstances.
II .
The U.S. Supreme Court in BOUNDS v SMITH , 430 U.S. 343 (19 77),
provides that prison officials are to provide necessary legal supplies
to file legal plead ineps to inmates that wish to challenge their con
viction or prison conditions . This duty was upheld in LEWIS v CASEY .
518 U .S . 343 (1996) -
Even TDCJ 's own policy, AD-14 .09. provides that:
'Paper for legal/special correspondence shall not be limited ,
but shall be issued to indigent offenders based upon their
presentation of a justifiable leqal need (i.e.- court deadline,
lenqthy leqal document).
AD-14 .09 (III) (C)(3) (a) (3) (2010)
I n.
Despite the law and TDCJ policy, Mr. Jimenez and the Smith Unit
Administration Officials refuse to provide necessary legal supplies
to offenders without offenders jumpinq through hoops. Morris has been
in TDCJ for over 10 years and has been on several TDCJ Units. Throuqhout
those years Morris has been active in several court proceedings and
has never had any difficulty receiving supplies until he arrived on
the Smith Unit and deal with ATC Unit Supervisor Albert Jimenez.
Morris request this Court issue an immediate Court Order to direct
Albert Jimenez - Smith Unit ATC Supervisor - and Smith Unit Administration
to immediately provide Morris with the requested supplies without hurdles
PRAYER
WHEREFORE , PRAISES CONSIDERED , Robert C . Morris , Appellant , prays
this Honorable Court grants this motion and issues an immediate Court
Order , and any further relief deemed necessary , in the interest of
ju st ice .
Respectfully Submitted ,
DATED : March 9 , 2015
C . Morris
Appellant Pro Se
TDCJ-ID # 13 11083
Smith Unit
13 13 CR 19
Lamesa . Texas 7933 1
*/3
CERTIFICATE OF SERVICE
I, Robert C. Morris, declare under penalty of perjury, that the
foregoing is true and correct, and further certify that a true and correct
copy has been served upon Appellee's counsel, Patrick Brezik, Asst .
Attorney General, PO Box 12548, Austin, Texas 78711-2548 by placing
in the Smith Unit/TDCJ Prison Mail System on this the 9th day of
March , 2015 .
C - Morris
TDCJ-ID # 13 11083
Appellan t PRO SE
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