ACCEPTED
03-15-00405-CV
7745472
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/9/2015 2:14:34 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00405-CV
In the Court of Appeals FILED IN
3rd COURT OF APPEALS
for the Third District of Texas AUSTIN, TEXAS
At Austin, Texas 11/9/2015 2:14:34 PM
JEFFREY D. KYLE
Clerk
___________________________________
DARRELL J. HARPER,
Appellant,
v.
THE STATE OF TEXAS,
Appellees.
____________________________________
On Direct Appeal from the 98th Judicial District
Court of Travis County, Texas
Trial Court Cause No. D-1-GN-14004224
____________________________________
APPELLEE’S MOTION FOR EXTENSION OF TIME
TO FILE APPELLEE’S BRIEF
____________________________________
KEN PAXTON DANIEL C. NEUHOFF*
Attorney General of Texas Assistant Attorney General
CHARLES E. ROY OFFICE OF THE ATTORNEY
First Assistant Attorney General GENERAL
P.O. Box 12548
JAMES E. DAVIS Austin, Texas 78711-2548
Deputy Attorney General Tel: (512) 463-2080
for Civil Litigation Fax: (512) 936-2109
KAREN D. MATLOCK Counsel for Appellee
Chief, Law Enforcement *Attorney-In-Charge
Defense Division
TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS,
AUSTIN:
Appellee the State of Texas, through the Office of the Attorney General,
submit this motion for extension of time to file Appellee’s Brief. Appellees ask this
Court to grant a 30 day extension of time to file Appellee’s Brief. In support, the
Office of the Attorney General Respectfully offers the following:
1. On May 29, 2015, this cause was dismissed pursuant to Chapter 11 of the
Texas Civil Practice and Remedies Code because Appellant, Darrell J. Harper, was
determined to be a vexatious litigant and failed to furnish the required security to
pursue his case. On July 2, 2015, undersigned counsel was given notice that Harper
had given notice of appeal. On October 5, 2015, Harper filed his Judgment by
Default, filed as his appellant’s brief. Appellee’s deadline for filing Appellee’s Brief
is November 12, 2015. No extensions have previously been sought by Appellee.
2. The court may extend the time to file Appellee’s brief if the motion states: (A)
the deadline for filing the item in question; (B) the length of the extension sought;
(C) the facts relied on to reasonably explain the need for an extension; and (D) the
number of previous extensions granted regarding the item in question. TEX. R. APP.
P. 10.5(b)(1). Appellee’ brief is due November 12, 2015. Appellee seeks a thirty (30)
day extension of time to file Appellee’s brief. Undersigned counsel will be in
Houston, Texas from November 9, 2015 through November 11, 2015 for an expert
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deposition in an unrelated case. Furthermore, undersigned counsel has two motions
for summary judgment due November 13, 2015, one in a potential class action
involving an entire prison unit. Appellee does not seek this extension in bad faith for
the purpose of delay, but in order that undersigned counsel may fully represent his
client. Appellee has not sought any other extensions in this appeal.
Conclusion and Prayer
Appellee now respectfully requests the Court grant a 30 day extension of time
to file Appellee’s brief in this case.
Date: November 9, 2015
Respectfully submitted,
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
JAMES E. DAVIS
Deputy Attorney General for Civil Litigation
KAREN D. MATLOCK
Assistant Attorney General
Chief, Law Enforcement Defense Division
/s/ Daniel C. Neuhoff
DANIEL C. NEUHOFF
Assistant Attorney General
Attorney-in-Charge
Texas Bar No. 24088123
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Law Enforcement Defense Division
P. O. Box 12548, Capitol Station
Austin TX 78711
(512) 463-2080/Fax (512) 936-2109
daniel.neuhoff@texasattorneygeneral.gov
ATTORNEYS FOR APPELLEE STATE
OF TEXAS
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NOTICE OF ELECTRONIC FILING
I, DANIEL C. NEUHOFF, Assistant Attorney General of Texas, do hereby
certify that I have electronically submitted for filing, a true and correct copy of the
above and foregoing Motion in accordance with the electronic filing system for the
Third Court of Appeals on this the 9th day of November, 2015.
/s/ Daniel C. Neuhoff
DANIEL C. NEUHOFF
Assistant Attorney General
CERTIFICATE OF SERVICE
I, DANIEL C. NEUHOFF, Assistant Attorney General of Texas, certify that
a true and correct copy of the above and foregoing APELLEE’S MOTION FOR
EXTENSION OF TIME has been served by placing it in the United States Mail,
postage prepaid, on November 9, 2015, addressed to:
Darrell J. Harper, No.1957729
TDCJ - Ellis Unit
1697 FM 980
Huntsville, TX 77343
Plaintiff Pro Se
/s/ Daniel C. Neuhoff
DANIEL C. NEUHOFF
Assistant Attorney General
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