here we're glad we were able to reschedule such an early date we hope your health is improving and the case we have today is number twenty four audio this airing it will be it framed and recorded as usual and also we would like you knew any cell phones or devices so you or anyone with you may have so they were not so i have not been involved in any behavior in the past which would say that all of this good talent has been involved in previous behavior like this so it's about time mistake that i made a was when i was granted an extension that extension date did not get on my calendar and i believe i know what it is is because probably possible that instead of waiting until i have what's the date on my calendar i have believe it or put the email into old d mail i don't do that and more now i make sure that the only way i put calendar and then all of a sudden there's something that comes up and i get there or not so that is what i am you know responsible for and so i have implemented a new strategy to make sure that doesn't happen to get all the dates appeal ok anything else not not to the moment i could no no you're not i mean nothing else supported your response to the summary judgment you didn't have the any charges were any charges brought i believe they were your honor i believe they were in a my best recollection is a good service or time for a drug charge but he had a warrant out and that was the where you can look at the video and video speaks for itself you don't always either it's as a horse or most of my cases i do have an excessive force expert in this case i don't believe i got one because i had  in the shell it back you know somewhere in the upper neck it might also cause your head to go down on the on the pavement i'm just so i think that maybe it just not find any reference to many comply of the line of about about his leg so i believe the my colleague on the other side said that the the affidavit or declaration of the player was submitted the texas supreme court before he went on the federal district bench and before that he was a partner law firm where to my understanding he would have specialized in federal law i find it a little short of incredible to use for the suggestion to be made that he did not know of the the appropriate standards a summary judgment and therefore i for myself  willing to credit that he screwed up your honor i'm i completely agree and i think all you have to do is go through the nine and i have page opinion see that is exactly the opinion that in the motion for summary judgment but the the the opinion of a judge brown went through the exact analysis that any judge would go through d in considering officer motions for s what i do think it parag it actually corroborates the plan that accident his truck quickly and it gave the officers the impression that the he was going to flee on do in this analysis is say could a reasonable police officer have perceived what the police officer receipt but what what i think occurred in my interpretation is is that i'm i believe the pla the ground but i think he went to the ground not as a this is on my plan always my belief is that he went to the ground because drips ordered him their dreams was much closer to him that he believed course the way he left the paper there was no way to pat him down so i don't know i don't know that point if he is a flight risk but he is certainly still in danger because the officers do not know if he has a concealed weapon extensions in file the motion for summary judgment and on the nd extension one day late and the court struck the the district court struck the response to the motion for summary judgment and the the thing was actually found in the truck oh i don't i had that that search incident that something that's not as interesting to me because the video seems to suggest that as soon as he got out of the car a raised his hands and then macy asking him to turn the truck off and that is the command that is the the beginning of the getting out of the car as it is going to be the next commander we can't even get him to follow the earth to me yeah well i keep talking about that i believe the judge brown correctly analyze this under the bram factors the that and that this is a case in which no excessive force existed because of the seriousness of the offense and the the decision by the plaintiff to leave your earlier the norina of the officers commands and the officer safety issue from the standpoint of we don't know if this  me what does that mean the the the by a liaison underline the the well what again officer says it was a parole board warrant it doesn't say elena i think your honor i think sergeant mace it was the one communicated with dispatch will know that teles council one of the things that mr griggs knows he's on the back of miller you know that and that puts a lot of weight on to miller my case and i would have done the same or there were some expenses that the other side needed they would just have to ask me and i would say sure have a month have two months so that your extension without asking for it  already gotten your extension without asking for it and that you missed the deadline by five months or not know what i'm up what i'm saying there is also some talk about how there was prejudiced a possible prejudice to