·,, l 

Donald Davis 

APPELLANT 

v. 

Attorney General 

APPELLEE 

Appeal NO. 5-15-Q0525-cv 

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§ VALLAS, TEXAS 

~lant • s Second MotiCIIl For BxtensiCIIl Of 'l'iae To File 

A Collpleted SUppl..eoted Appel ]ant's Brief 

TO THE HONORABLE COURT OF APPEALS: 

Come now, the appellant, Donald Davis, moves the court for extension 

of time to file a completed supplemented appellant's brief appealing the 

301ST district court judgment and order entered 1-29-15 for reasons as follows: 

I. 

Facts Of Case 

On 7-8-15 appellant received the appellate clerk's notice to file appellant's brief with an extension motion within (10) days, indicating that the 

time period for filing appellant's brief had expired, even though, the appellant wasn't notified of the filing of the clerk's records or provided with 

a copy of the records and transcript, informing that appeal would be dismissep 

if appellant did not comply. In compliance with appellate clerk's notice 

an inadequate and incomplete appellant brief was mailed to the appellate 

clerk with extension motion on 7-lQ-15. on 7-14-15 the appellate court directed 

the clerk to send the appellant a paper copy of the clerk's recot:~, which 

was received by appellant on 7-17-15. However, the clerk's record received 

is deficient and inadequate for this appeal for pertinent and material items 

is omitted from the appellate record. The omitted items missing from the 

records that are necessary and pertinent for this appeal are identified in 

appellant's motion to supplement the clerk's record for omitted items mailed 

to appellate clerk on 7-2Q-15. The court has permitted one extension thus 

far, because the appellant wasn't notified of the filing of the clerk's record 

or provided with a copy of the records and transcript timely, only when the 

court's 7-14-15 order did the clerk provide the appellant with copy of records ·~ 

and transcript. 

(1) 
II. 

Argmlents And Authorities 

The court may extend time to file the appellant's brief under the authority of Rule 38.6(d) TRAP. The appellant cannot file an adequate and complete 

appellant brief until the 301ST district clerk supplement the clerk's records 

with the omitted items necessary for this appeal to be had, and provide the 

appellant with copy of the records and transcript so that the incomplete 

and inadequate appellant brief can be supplemented re correct reference within 

the records. All problems that has come about concerning the records are 

not those attribruted to the appellant. Appellant has repeatedly tried to 

obtain the records and transcript from the district clerk. 

III. 

Prayer For Relief 

WHEREFORE, PREMISES CONSIDERED, appellant ask that the court grant this 

motion, and request (20) days to file the completed and adequate appellant's 

brief or supplement brief after the 301ST district clerk has supplemented 

the clerk's records with the omitted items providing the appellant with copy 

of the supplemented records and transcript, and any other and further relief 

the appellant may have shown itself entitled. 

Signed this "il.o~ day of July, 2015. 

(2) 

Donald Davis 

TDCJ IDI 1326046 

Robertson Unit 

12071 FM 3522 

Abilene, TX 79601 
' . 

IV. 

Verification 

I have read the foregoing Appellant's Motion For Extension Of Time To 

File A Completed Supplemented Appellant's Brief, and swear under penalty 

of perjury the facts within is true and correct pursuant to Title 6 of Tex. 

Civ. Prac. & Rem. Code §132.001-.003 signed this~ day of July, 2015. 

v. 

Donald Davis ' 

TDCJ IDI 1326046 

Robertson Unit 

12071 FM 3522 

Abilene, TX 79601 

Certification Of Conference 

Donald Davis certify that he is a prisoner of Texs confined within the 

Texas Department of Criminal justice at the Robertson Unit, is unable to 

confer with the appellee before filing motion for extension of time to file 

appellant's brief to determine whether motion will be opposed signed this 

~C)~day of July, 2015. 

{3) 

Donald Davis 

TDCJ IDi 1326046 

Robertson Unit 

12071 FM 3522 

Abilene, TX 79601 
.. 

Certificate Of Service 

Donald Davis certify that on the~ day of July, 2015 he mailed copy of 

Appellant's Second Motion For Extension Of Time To File A Completed Supple--

mented Appellant's Brief to: Rande K. Herrell Attorney General Child Support 

Division P.o. Box 12017 (MC 038-1) Austin, TX 78711 by placing same in mailbox 

at the Robertson Unit. 

(4) 

Donald Davis 

TDCJ ID# 1326046 

Robertson Unit 

12071 FM 3522 

Abilene, TX 79601 
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