UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
MARTIESA SMITH §
Plaintiff, §
§
v. § Civil Action No.: 4:21-CV-3134
§
HARRIS HEALTH SYSTEM §
Defendant. §
NOTICE OF MOTION FOR EXTENSION OF TIME
You are hereby informed that on the ____ day of ___________________, 2022, at
________ (am/pm), or as soon thereafter as Martiesa Smith may be heard, Plaintiff will bring on
for hearing the Motion for Extension of Time.
The Motion will be based on this Notice of Motion, the attached Motion, as well as any
oral arguments presented or physical evidence produced during the hearing.
Dated this ____ day of October, 2022.
Respectfully Submitted,
___________________________________
Martiesa Smith,
Plaintiff in pro per
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
MARTIESA SMITH §
Plaintiff, §
§
v. § Civil Action No.: 4:21-CV-3134
§
HARRIS HEALTH SYSTEM §
Defendant. §
MOTION FOR EXTENSION OF TIME
NOW COMES Martiesa Smith, Plaintiff, and files this Motion for Extension of Time,
and hereby avers as follows:
1. This motion is brought pursuant to Rule 6(b)(1) of the Federal Rules of Civil Procedure
which provides in relevant part as follows: “When an act may or must be done within a
specified time, the court may, for good cause, extend the time: (A) with or without
motion or notice if the court acts, or if a request is made, before the original time or its
extension expires.”
2. A motion for a continuance is addressed to the sound discretion of the trial court, and its
ruling will not be disturbed on appeal unless there is a showing that there has been an
abuse of that discretion. E. g., Avery v. Alabama, 308 U.S. 444, 60 S.Ct. 321, 84 L.Ed.
377 (1940); United States v. Gidley, 527 F.2d 1345 (5 Cir. 1976); United States v.
Sahley, 526 F.2d 913 (5 Cir. 1976); United States v. Moriarty, 497 F.2d 486 (5 Cir.
1974).
3. This issue must be decided on a case by case basis in light of the circumstances
presented, particularly the reasons for continuance presented to the trial court. Ungar v.
Sarafite, 376 U.S. 575, 84 S.Ct. 841, 11 L.Ed.2d 921 (1964); United States v. Sahley,
supra; McKinney v. Wainwright, 488 F.2d 28 (5 Cir.), cert. denied, 416 U.S. 973, 94
S.Ct. 1998, 40 L.Ed.2d 562 (1974).
REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests this
Honorable Court to GRANT this Motion for Extension of Time and subsequently enter an order
to that effect.
Dated this ____ day of October, 2022.
Respectfully Submitted,
___________________________________
Martiesa Smith,
Plaintiff in pro per
VERIFICATION
I, Martiesa Smith, do hereby declare that the foregoing is true to the best of my knowledge,
except those things stated upon belief, which I believe to be true.
Dated this ____ day of October, 2022.
Respectfully Submitted,
___________________________________
Martiesa Smith,
Defendant in pro per
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