Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/9/2015 2:14:34 PM JEFFREY D. KYLE Clerk No. 03-15-00405-CV THIRD COURT OF APPEALS 11/9/2015 2:14:34 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00405-CV *1 ACCEPTED [7745472] CLERK In the Court of Appeals for the Third District of Texas
At Austin, Texas ___________________________________
D ARRELL J. H ARPER , Appellant , v.
T HE S TATE OF T EXAS , Appellees . ____________________________________
On Direct Appeal from the 98th Judicial District
Court of Travis County, Texas
Trial Court Cause No. D-1-GN-14004224
____________________________________
A PPELLEE ’ S M OTION FOR E XTENSION OF T IME
TO F ILE A PPELLEE ’ S B RIEF ____________________________________
K EN P AXTON D ANIEL C. N EUHOFF *
Attorney General of Texas
C HARLES E. R OY O FFICE OF THE A TTORNEY
First Assistant Attorney General G ENERAL
P.O. Box 12548 J AMES E. D AVIS Austin, Texas 78711-2548
Deputy Attorney General Tel: (512) 463-2080
for Civil Litigation Fax: (512) 936-2109
K AREN D. M ATLOCK 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. T EX . R. A PP .
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
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 Attorney-in-Charge Texas Bar No. 24088123 *4 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 *5 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