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02 Nov Move to Deny Response Continuance

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02 November 2009 To: Judge Herb Evans, Justice Of The Peace, Precinct 5 P.O. Box 1748 , Austin, Texas 78767 Fr: Daniel W. Harbaugh, 8218 Braniff St., Houston, TX 77061 Re: Cause No. 070423 Harbaugh v. TCEQ MOVE TO DENY DEFENDANT RESPONSE ON CONTINUANCE [A] CONSIDER: The following is the standard Texas MOTION FOR CONTINUANCE Form. Presumably, the Attorney General is familiar with same.

NO.
IN THE INTEREST OF

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IN THE DISTRICT COURT JUDICIAL DISTRICT COUNTY, TEXAS

MOTION FOR CONTINUANCE

This Motion for Continuance is brought by Respondent, who shows in support: 1. This case is presently set for trial on 2. Respondent needs a continuance: For additional time to retain a lawyer; To obtain medical treatment; For business obligations; Other: (Specify) 3. This continuance is not sought solely for delay but that justice may be done. prays that the Court grant the Motion for Continuance. Respectfully Submitted,

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Of the four (4) choices for „Respondent needs a continuance‟, two are specifically applicable and were specifically and sufficiently detailed by Plaintiff: (1) “For additional time to retain a lawyer;” (2) “To obtain medical treatment;” It requires no legal imagination to conclude Choice (1) applies to any and all legal assistance sought by Plaintiff, including but not limited to “retain a lawyer”. It requires no legal or medical imagination to conclude Plaintiff‟s status as a WWII Veteran ongoing patient in the Houston VA Hospital, as evidenced by over sixty (60) VA Hospital appointments to date in 2009, is sufficient for Choice (2) “To obtain medical treatment;” The Attorney General, Defense Attorney for Defendant TCEQ, hereafter referred to as “Defendant”, has failed to show any specific reason why Plaintiff‟s Choice (1) and (2), and supporting data, are invalid; but rather has submitted to the Court a “Defendant‟s Response To Plaintiff‟s Motion For Continuance” comprised of personal opinion in verbose, and redundant manner , irrelevant to the actual “facts and issues” he refers to as non-existent. [B] Defendant has failed to show any reason, general or specific, why this Continuance imposes a hardship to the Defense. The Attorney General‟s wages are public funded regardless of performance, and, presumably, he has other important matters to occupy his time. PLAINTIFF HEREBY PRAYS DEFENDANT’S RESPONSE ON CONTINUANCE BE DENIED, AND PLAINTIFF’S MOTION FOR 90 DAY CONTINUANCE BE GRANTED. Daniel W. Harbaugh USPS Certified Mail Copy to Attorney of Record, Greg Abbott, Texas Attorney General, c/o Mark Steinbach , Assistant Attorney General P.O. Box 12548, Capitol Station, Austin, TX 78711-2548 EXHIBITS: Plaintiff‟s Comments on Defendant‟s Response on Continuance. These Comments cite Defendant‟s words, with Plaintiff‟s answers as relevant to.

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