1 

## No. 12- 14

- 00 3 32

- CV 

## In the Court of Appeals for the Twelfth District of Texas

At Tyler

___________________________________

R OBERT C. M ORRIS , Appellant ,

v. S HERRI M ILLIGAN , ET AL , Appellees

.

____________________________________ On Direct Appeal from the 349 th Judicial District Court of Anderon County, Texas Trial Court Cause No. 349 -6270

____________________________________ A PPELLEES ’ M OTION FOR E XTENSION OF T IME TO F ILE B RIEF AND

D ESIGNATION OF L EAD C OUNSEL

____________________________________

Motion for extension of time to file brief

A ppellees’ counsel moves for 30 days to file Appellees’ brief in this matter. The

counsel- to

- be -noticed on this appeal left the Division before the appeal, and current counsel did not receive a notice of appeal or brief. Additionally, counsel needs to

order the record on appeal in order to draft her arguments. Appellees’ counsel is also going to be out of the country for the first two weeks in July and has a jury trial upon her return on July 20, 2015. For these reasons Appellees’ counsel seeks an extension ACCEPTED 12-14-00332-CV TWELFTH COURT OF APPEALS

TYLER, TEXAS 6/29/2015 1:57:02 PM CATHY LUSK CLERK2

in order to properly prepare a brief. This motion is not meant to delay or prejudice Appellant. Instead the reassignment of this case caused the Office of the Attorney General’s office to miss notifications on this appeal. Appellees’ counsel will work

dili gently to file a brief as soon as the appellate record is received. Thus, Appellees’ counsel seeks a 30 day extension

— making the brief due on July 29, 2015.

Designation of Lead Counsel

The above

- styled case had been re

- assigned within the Office of the A ttorney General of Texas from Patrick N. Brezik to the undersigned counsel. Undersigned counsel respectfully requests the designation for Attorney

- in

- Charge/Lead Attorney

for the above

- styled case be changed to her name, as she now has primary responsibili ty for Appellees in this matter.
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 Division3 / s / Veronica L Chidester VERONICA L. CHIDESTER Assistant Attorney General Attorney

- in

- Charge State Bar No. 24082161 Veronica.Chidester@texasattorneygeneral.gov

Law Enforcement Defense Division P. O. Box 12548, Capitol Station Austin, Texas 78711 (512) 463

- 2124 / (512) 936

- 2109 Fax

ATTORNEYS FOR APPELLEES

CERTIFICATE OF CONFERENCE Plaintiff is an inmate, proceeding pro se , housed in the Texas Department of Criminal Justice. Undersigned, therefore, was unable to conference with Plaintiff. It is assumed that Plaintiff is opposed to this motion

.

NOTICE OF ELECTRONIC FILING

I, VERONICA L. CHIDESTER , Assistant Attorney General of Texas, do hereby certify that I have electronically submitted for filing a true copy of the above APPELLEES’ MOTION FOR EXTENSION OF TIME TO FILE BRIEF AND DESIGNATION
OF LEAD COUNSEL in accordance with the Electronic Case Files System of the Twelfth Court of Appeals, on June 2 9 , 2015. /s/ Veronica L. Chidester VERONICA L. CHIDESTER Assistant Attorney General4 CERTIFICATE OF SERVICE

I, VERONICA L. CHIDESTER , Assistant Attorney General of Texas, certify that a true copy of the above APPELLEES’ MOTION FOR EXTENSION OF TIME TO FILE BRIEF AND DESIGNATION OF LEAD COUNSEL has been served by placing it in United States Mail, postage prepaid, on June 2 9 , 2015, addresse d to:
R obert C. Morris , TDCJ No. 1 311083 TDCJ

- S mith l Unit 1 313 C R 1 9 L amesa , Texas 7 9331 Plaintiff Pro Se
/s/ Veronica L. Chidester VERONICA L. CHIDESTER Assistant Attorney General