Misty Strauss v. Texas Department of Criminal Justice
Opinion
ACCEPTED 15-25-00079-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 8/4/2025 4:24 PM No. 15-25-00079-CV CHRISTOPHER A. PRINE CLERK In the FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS Fifteenth Court of Appeals of Texas 8/4/2025 4:24:40 PM CHRISTOPHER A. PRINE at Austin Clerk
Misty Strauss, Plaintiff-Appellant, v. Texas Department of Criminal Justice, Defendant-Appellee.
On Appeal from an Order of Dismissal 12th Judicial District Court, Walker County, Texas Cause No. 2330794 Hon. David Moorman, Presiding APPELLEE’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF KEN PAXTON SHANNA E. MOLINARE Attorney General of Texas Assistant Attorney General Chief, Law Enforcement BRENT WEBSTER Defense Division First Assistant Attorney General JOSEPH P. MCDUFFIE* RALPH MOLINA Assistant Attorney General Deputy First Assistant Attorney P.O. Box 12548, Capitol Station General Austin, Texas 78701 AUSTIN KINGHORN (512) 936-2080 Deputy Attorney General for [email protected] Civil Litigation *Counsel of Record COUNSEL FOR DEFENDANT-APPELLEE APPELLEE’S UNOPPOSED MOTION FOR EXTENSION OF TIME Appellee, the Texas Department of Criminal Justice, respectfully requests this Court to extend their deadline to file Appellee’s principal brief until Wednesday, August 20, 2025. In support thereof, Appellee offers the following: Appellee’s principal brief is currently due on August 6, 2025.
Appellant requests a two-week extension of this deadline. If granted, Appellee’s brief would be due on Wednesday, August 20, 2025. Appellee requests this extension because undersigned counsel has been occupied by other, similarly important cases in which undersigned counsel was required to draft dispositive motions, including Velazquez v. Osari, et al., Civil Action No. 4:25-CV-01148 (S.D. Tex.—Houston), Keaton v. Njoroge, et al., Civil Action No. H-23-4705 (S.D. Tex.—Houston), and Winningham v. Phillips, et al., Appeal No. 25-210360 (5th Cir.).
Appellant Misty Strauss has previously been granted two extensions of time without opposition. Appellant does not oppose this motion and will not be prejudiced if it is granted. This motion is not sought for purposes of delay, but in the interests of justice.
-2- Respectfully Submitted, /s/ Joseph P. McDuffie_____ JOSEPH P. MCDUFFIE Assistant Attorney General Texas Bar No. 24143720 Law Enforcement Defense Division Office of the Attorney General P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 [email protected] (512) 463-2080 (Phone No.) (512) 370-9814 (Fax No.) COUNSEL FOR APPELLEE
CERTIFICATE OF CONFERENCE I, JOSEPH P. MCDUFFIE, certify that on August 4, 2025, I conferred with counsel for Appellant, Mr. Matt Kita, via e-mail, and that Appellant’s counsel is not opposed to this motion or the relief requested.
/s/ Joseph P. McDuffie_____ JOSEPH P. MCDUFFIE Assistant Attorney General
-3- CERTIFICATE OF SERVICE I, Joseph P. McDuffie, Assistant Attorney General of Texas, do hereby certify that pursuant to Texas Rule of Appellate Procedure 9.5 and the Court’s Local Rules a true and correct copy of the foregoing was served on August 4, 2025, via e-filing, as follows: Matthew J. Kita Texas Bar No. 24050833 3110 Webb Avenue, Suite 150 Dallas, Texas 75205 (214) 699-1863 [email protected] COUNSEL FOR APPELLANT /s/ Joseph P. McDuffie_____ JOSEPH P. MCDUFFIE Assistant Attorney General
-4- Automated Certificate of eService This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Gloriana Ojeda on behalf of Joseph McDuffie Bar No. 24143720 [email protected] Envelope ID: 103955112 Filing Code Description: Motion Filing Description: 08042025 Motion for Extension of Time Status as of 8/4/2025 4:36 PM CST Associated Case Party: Misty Strauss Name BarNumber Email TimestampSubmitted Status Matthew JKita [email protected] 8/4/2025 4:24:40 PM SENT
Associated Case Party: Texas Department of Criminal Justice Name BarNumber Email TimestampSubmitted Status Joseph McDuffie [email protected] 8/4/2025 4:24:40 PM SENT
Case Contacts Name BarNumber Email TimestampSubmitted Status Courtney Sawhill [email protected] 8/4/2025 4:24:40 PM SENT Gloriana Ojeda [email protected] 8/4/2025 4:24:40 PM SENT
Case-law data current through December 31, 2025. Source: CourtListener bulk data.