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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