Randy Dale Barnett v. Jerry Coyle

FILE© IN The'Court of Appeals RECEIVED IN Sixth District The Court of Appeals Sixth District CAUSE NO.06-15-00020-CV JUN 0 4 2015 JUN 0 4 2015 IN THE Texarkana, Texas Texarkana, Te:cas Debra K. Autrey, Clerk Debra Autrey. Clerk COURT OF APPEALS SIXTH APPELLATE DISTRICT OF TEXAS—-AT TEXARK^NA,TEXAS RANDY DALE BARNETT/Appellant V. JERRY COYLE,Appellee ON APPEAL FROM THE 62nd JUDICIAL DISTRICT-COURT OF LAMAR COUNTY,TEXAS TRIAL COURT NO.84100 APPELLANT'S MOTION TO EXTEND TIME FOR FILING BRIEF RANDY DALE BARNETT,Appellant/ Prc.se . TDCJ-ID # 1648039 TELFORD UNIT 3899 State Hwy 98 New Boston,Texas 75570 APPELLANT,IN PRO SE 1. CAUSE NO.06-15-00020-CV IN THE COURT OF APPEALS SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA RANDY DALE BARNETT,Appellant V. JERRY COYLE/Appellee ON APPEAL FROM THE 62nd JUDICIAL DISTRICT COURT LAMAR COUNTY/TEXAS TRIAL COURT NO-84100 TO THE HONORABLE COURT OF APPEALS: COMES NOW/Randy Dale Barnett/Appellant in Pro se/respectfully submits this Motion to Extend Time to File Brief under Tex.R.App. P.10 and 38.Randy Dale Barnett/moves this Court pursuant to the Texas Rules of Appellate Procedure for an extension of time in which to file the Appellant's Brief upon good cause shown below. I- On May 11/2015/the Court of Appeals for the Sixth District/set the due date for'xthe Appellant's Brief for June 8/2015.Randy Dale Barnett,seeks an additional thirty(30) days in .which to file his brief. II- The Clerk of the-Sixty Second Court of LamarrCounty/provided the clerks record for this appeal.Although the Cour£^eporter's Record has yet to be provided.Appellant is currently attempting to obtain the Reporter's Record in this Cause/Appellant filed a motion for the Reporter's Record on May 25/2015/and is waiting for the Record. 2. Ill. The present deadline is June 8/2015.No previous extensions have been requested or granted to the Appellant in this cause. IV. Due to the circumstances of incarceration/and not having the complete record in this cause Appellant cannot prepare an adequate appeal brief for a meaningful appeal . V. Appellant also avers that he is unable to do the extensive research necessary to prepare the brief,thus necessitatiing this request for an extension of time .Insufficient time now remains to complete Appellant's Brief/but/if the time is extended thirty(30) days to July 7,2015/Appellant will have sufficient time for comple tion with the time extended. IV. The purpose of this motion is not for delay,but so that justice may be had by all parties.Appellant requests that an extension of time until Tuesday/July 7/2015 be granted for the filing of Appell ant's Brief,or such time as this Court may deem appropriate. WHEREFORE PREMISES CONSIDERED/the Appellant/Randy Dale Barnett, Pro se,prays that upon final submission of this motion to this Court's motion docket/this Court grant Appellant's Motion to Extend Time to File His Brief in its entirety and grant Appellant and additional thirty(30)days in which to file his brief on or before Tuesday/July 7/2015;and for such other and further relief/both at law and in equity/to which Appellant may be jus"^^^and legally enitiled. 3. Respectfully Submitted, RANDY ^5ALE BARNETT TDCJ-1D # 1648039 Telford Unit 3899 State Hwy 98 New Boston/Texas 75570 APPELLANT,PRO SE UNSWORN INMATE DECLARATION I/Randy Dale Barnett/hereby declare under penalty of perjury that the foregoing motion to extend time to file brief is true and correct to the best of my knowledge/I am an incarcerated inmate at the Telford Unit of TDCJ-ID,located in Bowie County, New Boston,Texas - Signed this the 1st day of June,2015. X RANDY D#LE BARNETT TDCJ-ID # 1648039 Telford Unit 3899 State Hwy 98 New Boston/Texas 75570 CERTIFICATE OF SERVICE I,Randy Dale Barnett/hereby certify that a true and correct carbon copy of the foregoing has been sent via U.S.Mail postage paid,through the Texas Prison system Mail Law Library to:Mr.Jerry Coyle,Appellee at Coyle Law Firm/P.O.Box 113.8/Paris,Texas 75461. Signed this the 1st day of June,2015. X RANDY I3SLE BARNETT TDCJ-ID # 1648039 Telford Unit 3899 State Hwy 98 New Boston/Texas 7557 0