April 27, 2015

Twelfth Court ot Appeals

1517 W. Front St -, Ste 354

Tyler, TX 75702

RE: No. 12-14-00332-CV

Robert C. Morris v. Sherri Milligan, Et Al

T/C No. 349-6270

Dear Court Clerk,

FILED IN COURT Of APPEALS I

12th Court ofAppeafs District

Please find enclosed my copy of the Motion For Leave

in response to the Court's letter dated April 20, 2015.

A copy of these pleading has been served and forward to the counsel for the

Appellees on this date.

I would request notification upon receipt of these pleadings and of any action

the Court takes.

Thank you for your time and assistance in this matter, it is greatly appreciated

and welcomed.

enclosure(s): 2 Cspi*)

cc: file

Patrick Brezik, Asst. Attorney General

APR 3 0 20I5

TYLER TEXAS

CATHY S.LUSK, CLERK 'VaTK^^Ser^if^eat^ioflService

Rober^C. Morris

Appellant Pro Se

TDCJ-ID I 1311083

Smith Unit

1313 CR 19

Lamesa, TX 79331
IN THE

TWELFTH COURT OF APPEALS

TYLER, TEXAS

ROBERT C. MORRIS

vs -

SHERRI MILLIGAN, ET AL.

NO. 12-14-00332-CV

I

T/C NO. 349-6233-

FILED IN COURT OF APPEALS

12th Court of Appeals District MOTION FOR LEAVE TO FILE

APPELLANT BRIEF OUT-OF-TIME

TO THE HONORABLE COURT:

COMES NOW, Robert C. Morris, Appellant Pro Se, in

cause and respectfully files and submits this his Motion For Leave To File Appel

Brief Out-Of-Time. Morris presents the following in support of this motion.

I.

Morris is presently incarcerated at the Smith Unit of the TDCJ in Lamesa, Texas.

He contends his brief was timely filed under the Mailbox Rule, however seeks leave

to file said brief out-of-time. A document is considered tiled Dy a pro se inmate

on the day it is deposited with the prison or jail authorities. EX PARTE SINEGAR,

324S.W.3d578 (Tex.Crim.App. 2010); CAMPBELL v STATE, 320S.W.3d338 (Tex.Crim.App. 2010).

Once an item for mailing is deposited by inmate, he loses ail control of said item.

Upon notification by the Court's letter dated April 17, 2015, Morris acted with

diligence to obtain documentation to support a timely filed brief. It should be noted

that the Certificate ot Service shows April 15, 2015 as the date placed in the Smith

Unit/TDCJ Prison Mail System.

Morris, who is not only pro se, but also proceeding in forma pauperis, obtained

written verification from Law Library Supervisor Albert Jimenez, who processes indigent

postage program on the Smith Unit, that on April 15, 2015 said Drief "was process

on the above date and turned over to mailroom on the same day!" See EXHIBIT A.

Morris also obtained verification from Smith Unit Mailroom regarding the date

the brief was logged in the Legal/Special Mail records, which shows April 16, 2015.

Also with regards to the ''private meter mark", Morris questioned Smith Unit Mailroom,

which responded "the post office is the only ones that would." See EXHIBIT B.

Therefore, Morris contends he has presented sufficient evidence that pursuant

to the Mailbox Rule and Tex. R. App.P. 9.2(b)(2) his brief was timely filed. As for

the alleged "private meter mark" that is beyond Morris's control and should not be

held accountable for such actions of the United States Postal Service in Lamesa,

Texas.

the above styled n
PRAYER

WHEREFORE, PREMISES CONSIDERED, the Appellant Robert C. Morris, prays this

Honorable Court will grant the motion for leave and deem his brief as timely filed,

pursuant to the Rules, in the interest of justice.

Respectfully Submitted,

Dated: April 27, 2015

Robert C ^Morris

Appellant Pro Se

TDCJ-ID f 1311083

Smith Unit

1313 CR 19

Lamesa, TX 79331

I, Robert C. Morris, declare under penalty of perjury that the foregoing is true

and correct, and further certify that a true and correct copy has been served upon

the Appellee's through counsel, Patrick Brezik, Asst. Attorney General, Po Box 12548,

Austin, TX 78711-2548, by placing in the Smith Unit/TDCJ Prison Mail System on this

the 27th Day of April, 2015.

AATX Cftne

Morris

TDCJ-ID i 1311083

Smith Unit • Dawson County, TX

Appellant Pro Se
EXHIBIT A

SUBJECT: State briefly the problem on which you desire assistance.

-TWir• fo

Name: %»A<y4 C A7o,Ws No: £Mi*£3 Unit: 3M>ft

Liviny Living Quarters: uuaritiib. •/E&L&I- ^— t~ • . Wnrk •— A^O""-1""^ — a -•gjfikqg, 4-^30 rt**-Tkv>n /K>^ &W

DISPOSITION: (Inmate will not write in this space) £\\ Lf))W/5~' /r/^L^Jui^L MCZt^ d^J/ A&**&

*l-60(Rev.11-90)

EXHIBIT A

M7N £<Tfiu6
EXHIBIT B

SUBJECT: Stare briefly the problem on which you desire assistance.

A £>* dr,,t >< 2^13: '^^ •""»" a "ua-A" eauet^g—r*n,irA k a* kfai^eoaj ***•'*

-r^.^.<cUi gg&aa ^ 4yg^ >*n **•>• ****&.sir ?rv Tyfrr-, 7^s ^oi

3) \W-< -4-We Stv^VK U*,V iHf,Vr-/k<-Maf< Qj&f&Me*—4toi • C\

TLf; -)cav ^vC >c

Name: fykeA- d, £?&&£&

Living Quarters: r /£>&/

DISPOSITION: (Inmate will not write in this space)

-£rl-60 (Rev. 11-90)

r»vrN L6P»e

No: /3»6S3 Unit: 5M

Work Assignment: &u>ha*J geziMfLgtomzikia / "<> $i^iusc{

EXHIBIT B
ROBERT C. MORRIS

VS -

SHERRI WILLIGAN, ET AL

IN THE

TWELFTH COURT OF APPEALS

TYLER, TEXAS

NO. 12-14-00332-CV

T/C NO. 349-6270

CERTIFICATE OF SERIVCE

I, Robert C. Morris, declare under penalty of perjury, that a true

and correct copy of the Motion To Suspend Rules was served upon Appellee's

through counsel, Patrick Brezik, Asst Attorney General, Po Box 12548,

Austin, TX 78711-2548 by placing in the Smith Unit/TDCJ Prison Mail

System on the 15th day of April, 2015.

SIGNED on this the 27th day of April, 2015.

Cos/mi*) fv»jp. Rol-es

TDCJ-ID # 1311083

Smith Unit

1313 CR 19

Lamesa, TX 79331

Appellant Pro Se