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, 

## FILEDINCOURTOfAPPEALSI 12thCourtof AppeafsDistrict

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 

## CATHYS.LUSK, CLERK 'VaTK^^Ser^if^eat^ioflService

Rober^C. Morris 

### Appellant Pro Se TDCJ-ID I 1311083 Smith Unit 1313 CR 19 Lamesa, TX 79331IN 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- 

## FILEDINCOURTOFAPPEALS 12thCourtofAppealsDistrict 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 nPRAYER 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 SeEXHIBIT A

SUBJECT: Statebrieflytheproblemonwhichyoudesireassistance.

-TWir•fo


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

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

# DISPOSITION:(Inmatewillnotwriteinthisspace) £\\ Lf))W/5~' /r/^L^Jui^L MCZt^ d^J/A&**&

*l-60(Rev.11-90)

EXHIBIT A

M7N £<Tfiu6EXHIBIT B



### SUBJECT: Starebrieflytheproblemonwhichyoudesireassistance. 

## 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: (Inmatewill notwriteinthis space)

-£rl-60 (Rev. 11-90)

r»vrN L6P»e 

### No: /3»6S3 Unit: 5M Work

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

EXHIBIT BROBERT 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