Gregory Lynn Henderson v. Texas Department of Criminal Justice - Correctional Institutions Division, Etal.

• Court: Court of Appeals of Texas
• Decided: July 27, 2006
• Docket: 13-06-00281-CV
• Status: Published

Opinion

                             NUMBER 13-06-281-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

_________________________________________________________

GREGORY LYNN HENDERSON,                                   Appellant,

                                           v.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE -

CORRECTIONAL INSTITUTIONS DIVISION, ET AL.,        Appellees.

________________________________________________________

   On appeal from the 156th District Court of Bee County, Texas

                     MEMORANDUM OPINION

   Before Chief Justice Valdez and Justices Rodriguez and Garza

                       Memorandum Opinion Per Curiam

Appellant, GREGORY LYNN HENDERSON, attempted to perfect an appeal from a judgment entered by the 156th District Court of Bee County, Texas, in cause number B-03-1411-CV-B.  Pursuant to the trial court=s findings under Tex. R. Civ. P. 306a(4), the effective date of the judgment in this cause was February 7, 2006.  A timely motion for new trial was filed.  Pursuant to Tex. R. App. P. 26.1, appellant=s notice of appeal was due on May 8, 2006, but was not filed until May 29, 2006. 

Notice of this defect was given so that steps could be taken to correct the defect, if it could be done.  Appellant was advised that, if the defect was not corrected within ten days from the date of receipt of this Court=s letter, the appeal would be dismissed.  To date, no response has been received from appellant.

The Court, having examined and fully considered the documents on file, appellant=s failure to timely perfect his appeal, and appellant=s failure to respond to this Court=s notice, is of the opinion that the appeal should be dismissed for want of jurisdiction.  The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Memorandum Opinion delivered and

filed this the 27th day of July, 2006.