Twelfth Court of Appeals

1517 W. Front St., Ste 354

Tyler. Texas 75 702

RE : No . 12 -14 -00332 -CV

Robert C. Morris v. Sherri Milliqan

T/C No . 349 -6270

SEAR COURT CL ERK ,

Please find enclosed the followinq motions to be filed and submitted

to the Court for consideration and ruling:

• MOTION FOR IMMEDIATE COURT ORDER

• MOTION FOR EXTENSION OF TIME

On this date , a true and correct copy has been served upon the

Appellee's counsel of both motions.

Please notify me immediately upon the Court's consideration and

rulinq on these motions.

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

appreciated and welcomed.

S incerely ,

enclosure (s) : 2(3/2 paqes)

cc : file

Patrick Brezik, Asfei . Attorney General

March 9 , 20 15

Appellant Pro. Se

TDCJ-ID # 1311083

Smith Unit

13 13 CR 19

Lamesa - TX 79331
ROBERT C . MORRIS

vs

IN THE

TWELFTH COURT OF APPEALS

TYLER , TEXAS

NO- 12

T/C NO

FJUEQ \Ji COURT OF APPEALS

;oaiTof'..yppea;s District

SHERRI MILLIGAN, ET AL

MOTION FOR IMMEDIATE COURT ORDER

CATHY S. LUSK, S^ERK

TO THE HONORABLE COURT:

COMES -NOW , Robert C. Morris, Appellant Pro Se , in the above styled

numbered cause, and respectfully files and submits this his Motion For

Immediate Court Order to direct Texas Department of Criminal JusticeSmith Unit in Lamesa- Texas to provide legal correspondence supplies(i.e

paper) necessary so that Morris can prepare his Appellant Pro Se Brief

in the above cause. Morris shows the followinq in support of immediate

Court Order.

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

He is indigent and proceedinq informa pauperis in this cause. Morris

has a filinq deadline of March 17, 2015 to file his pro se brief.

On February 24, 2015, Morris requested from the Access To Courts

Supervisor Albert Jimenez 180 sheets of paper to prepare three(3)

copies. Jimenez refused to provide the paper, however gave Morris 35

sheets of paper. Morris estimated his brief and appendix will be 60 pages

well within the Rules of Appellate Procedure.

Morris filed a Step 1 Grievance(adm in is tra ti ve remedies) on February

26. 2015 . A response to the Step 1 came back on March 6, 2015 which

stated : 'Your complaint has been investigated and reviewed. Mr. Jimenez

states that he informed you that he would not issue 180 sheets

of paper . but would issue 25 to 35 sheets of paper with proof of

use. Records indicate that you have been receiving extra sheets

of paper. No Further action warranted.

/s/ Warden Cousby (sp?)

Morris has filed a Step 2 Grievance, however the processing time

of such is 40 days, with no guarantee of a decision in Morris's favor.

Morris has filed and submitted to this Court a second extension of time

motion due to these circumstances.

II .

The U.S. Supreme Court in BOUNDS v SMITH , 430 U.S. 343 (19 77),
provides that prison officials are to provide necessary legal supplies

to file legal plead ineps to inmates that wish to challenge their con

viction or prison conditions . This duty was upheld in LEWIS v CASEY .

518 U .S . 343 (1996) -

Even TDCJ 's own policy, AD-14 .09. provides that:

'Paper for legal/special correspondence shall not be limited ,

but shall be issued to indigent offenders based upon their

presentation of a justifiable leqal need (i.e.- court deadline,

lenqthy leqal document).

AD-14 .09 (III) (C)(3) (a) (3) (2010)

I n.

Despite the law and TDCJ policy, Mr. Jimenez and the Smith Unit

Administration Officials refuse to provide necessary legal supplies

to offenders without offenders jumpinq through hoops. Morris has been

in TDCJ for over 10 years and has been on several TDCJ Units. Throuqhout

those years Morris has been active in several court proceedings and

has never had any difficulty receiving supplies until he arrived on

the Smith Unit and deal with ATC Unit Supervisor Albert Jimenez.

Morris request this Court issue an immediate Court Order to direct

Albert Jimenez - Smith Unit ATC Supervisor - and Smith Unit Administration

to immediately provide Morris with the requested supplies without hurdles

PRAYER

WHEREFORE , PRAISES CONSIDERED , Robert C . Morris , Appellant , prays

this Honorable Court grants this motion and issues an immediate Court

Order , and any further relief deemed necessary , in the interest of

ju st ice .

Respectfully Submitted ,

DATED : March 9 , 2015

*/3

C . Morris

Appellant Pro Se

TDCJ-ID # 13 11083

Smith Unit

13 13 CR 19

Lamesa . Texas 7933 1
CERTIFICATE OF SERVICE

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 Appellee's counsel, Patrick Brezik, Asst .

Attorney General, PO Box 12548, Austin, Texas 78711-2548 by placing

in the Smith Unit/TDCJ Prison Mail System on this the 9th day of

March , 2015 .

3/3

C - Morris

TDCJ-ID # 13 11083

Appellan t PRO SE