Criteria Holmes v. Warden Kamilah Coger and Others William P. Hobby Unit of the Texas Department of Criminal Justice

• Court: Court of Appeals of Texas
• Decided: February 13, 2025
• Docket: 10-24-00355-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-24-00355-CV

CRITERIA HOLMES, Appellant v.

WARDEN KAMILAH COGER AND OTHERS WILLIAM P. HOBBY UNIT OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Appellees

From the 74th District Court McLennan County, Texas Trial Court No. 2024-1826-3

MEMORANDUM OPINION

A notice of appeal from the trial court’s Order of Dismissal was filed by Marion T.

Russ on behalf of appellant, Criteria Holmes. By letter dated January 15, 2025, the Clerk

of this Court informed Russ and appellant that because Russ is not licensed to practice

law, Russ is prohibited from representing appellant in this appeal. See TEX. GOV'T CODE

§ 81.102; Steele v. McDonald, 202 S.W.3d 926, 928 (Tex. App.—Waco 2006, no pet.). The Clerk also informed Russ and appellant that although Russ has a power of attorney to act

on appellant’s behalf, a power of attorney does not empower Russ to appear in litigation

as appellant or as appellant’s attorney.

By the same letter, the Clerk of this Court notified Russ and appellant that unless

an amended notice of appeal signed by appellant or a licensed attorney on appellant’s

behalf was timely filed within 14 days from the date of the letter, this appeal would be

dismissed without further notification. See TEX. R. APP. P. 42.3(c). Fourteen days have

passed, and no amended notice of appeal has been filed.

Accordingly, this appeal is dismissed.

LEE HARRIS Justice

Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal dismissed Opinion delivered and filed February 13, 2025 [OT06]

Holmes v. Coger, et al. Page 2