Charles Mulkey, Jr. v. Texas Department of Criminal Justice - Correctional Institutions Division

Court of Appeals of Texas

Charles Mulkey, Jr. v. Texas Department of Criminal Justice - Correctional Institutions Division

DecidedAugust 23, 2007

Docket13-06-00628-CV

StatusPublished

This text of Charles Mulkey, Jr. v. Texas Department of Criminal Justice - Correctional Institutions Division (Charles Mulkey, Jr. v. Texas Department of Criminal Justice - Correctional Institutions Division) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Charles Mulkey, Jr. v. Texas Department of Criminal Justice - Correctional Institutions Division, (Tex. Ct. App. 2007).

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Opinion

NUMBER 13-06-628-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_________________________________________________________________

CHARLES MULKEY, JR., Appellant,

v.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE -

CORRECTIONAL INSTITUTIONS DIVISION, ET AL., Appellees.

_________________________________________________________________

On appeal from the 343rd District Court of Bee County, Texas.

_________________________________________________________________

MEMORANDUM OPINION

Before Justices Yañez, Garza, and Benavides

Memorandum Opinion Per Curiam

Appellant, CHARLES MULKEY, JR., perfected an appeal from a judgment entered by the 343rd District Court of Bee County, Texas, in cause number B-05-1514-CV-C. The clerk's record was filed on March 22, 2007. The reporter's record was filed on January 9, 2007. Appellant's brief was due on April 25, 2007. To date, no appellate brief has been received.

When the appellant has failed to file a brief in the time prescribed, the Court may dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant's failure to timely file a brief. Tex. R. App. P. 38.8(a)(1).

On June 7, 2007, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1). Appellant was given ten days to explain why the cause should not be dismissed for failure to file a brief. The Court's letter was returned, and the Court was informed by prison officials that the inmate had been released from custody and had not left a forwarding address.

Accordingly, because appellant has failed to file a proper appellate brief and has not provided us with any other means of contacting him, the Court is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Memorandum Opinion delivered and filed

this the 23rd day of August, 2007.

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NUMBER 13-06-628-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_________________________________________________________________

CHARLES MULKEY, JR., Appellant,

v.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE -

CORRECTIONAL INSTITUTIONS DIVISION, ET AL., Appellees.

_________________________________________________________________

On appeal from the 343rd District Court of Bee County, Texas.

_________________________________________________________________

MEMORANDUM OPINION

Before Justices Yañez, Garza, and Benavides

Memorandum Opinion Per Curiam

Appellant, CHARLES MULKEY, JR., perfected an appeal from a judgment entered by the 343rd District Court of Bee County, Texas, in cause number B-05-1514-CV-C. The clerk's record was filed on March 22, 2007. The reporter's record was filed on January 9, 2007. Appellant's brief was due on April 25, 2007. To date, no appellate brief has been received.

When the appellant has failed to file a brief in the time prescribed, the Court may dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant's failure to timely file a brief. Tex. R. App. P. 38.8(a)(1).

On June 7, 2007, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1). Appellant was given ten days to explain why the cause should not be dismissed for failure to file a brief. The Court's letter was returned, and the Court was informed by prison officials that the inmate had been released from custody and had not left a forwarding address.

Accordingly, because appellant has failed to file a proper appellate brief and has not provided us with any other means of contacting him, the Court is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Memorandum Opinion delivered and filed

this the 23rd day of August, 2007.

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