Carlos A. Duran v. Brad Livingston

• Court: Court of Appeals of Texas
• Decided: December 18, 2014
• Docket: 09-14-00249-CV
• Status: Published

Opinion

cvIn The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-14-00249-CV ____________________

CARLOS A. DURAN, Appellant

V.

BRAD LIVINGSTON, ET AL., Appellees _______________________________________________________ ______________

On Appeal from the 411th District Court Polk County, Texas Trial Cause No. CIV28366 ________________________________________________________ _____________

MEMORANDUM OPINION

Carlos A. Duran filed a suit against Brad Livingston in his official capacity

as Executive Director of the Texas Department of Criminal Justice, and

Department employees Brenda D. Spitaleri, Vera S. Fox, Helen E. Sheffield, and

Michael J. Butcher, in which Duran alleged that his photograph album had been

confiscated illegally and he had exhausted his administrative remedies. The trial

court dismissed the suit and Duran filed a notice of appeal.

1 The brief of the appellant was due to be filed on or before October 3, 2014,

but Duran did not file a brief. On October 6, 2014, we notified the parties that the

brief had not been filed and warned the appellant that his failure to file a brief

could result in a dismissal of the appeal for want of prosecution. On November 18,

2014, we notified the parties that the appeal would be submitted to the Court

without briefs and without oral argument. See Tex. R. App. P. 39.8.

In the absence of a brief assigning error for appellate review, we dismiss the

appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1); Tex. R. App. P.

42.3(b).

APPEAL DISMISSED.

________________________________ STEVE McKEITHEN Chief Justice

Submitted on December 9, 2014 Opinion Delivered December 18, 2014

Before McKeithen, C.J., Horton and Johnson, JJ.