Howard U. Shields, III v. G. Whitfield, Sr. Warden Texas State Prison R. Marez, Asst. Warden Texas State Prison G. SanMiguel, Corrections/Safety Officer Individually and in Their Official Capacities

• Court: Court of Appeals of Texas
• Decided: July 31, 2023
• Docket: 08-23-00078-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

HOWARD U. SHIELDS, III, § No. 08-23-00078-CV

Appellant, § Appeal from the

v. § 112th Judicial District Court

G. WHITFIELD, SR. WARDEN TEXAS § of Pecos County, Texas STATE PRISON R. MAREZ, ASST. WARDEN TEXAS STATE PRISON G. § (TC# P-12492-112-CV) SANMIGUEL, CORRECTIONS/SAFETY OFFICER INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITIES,

Appellees.

MEMORANDUM OPINION

This appeal is before the Court on its own motion to determine whether it should be

dismissed for want of prosecution.

On June 26, 2023, the Clerk of the Court notified Appellant that it recognized Appellant’s

indigency status, that his brief was past due, and that no motion for extension of time to file a brief

had been filed. The letter informed Appellant of the Court’s intent to dismiss the appeal for want

of prosecution without further notice unless Appellant filed a brief by July 26, 2023. See TEX. R.

APP. P. 38.8. To date, Appellant has not responded to the Court’s letter or filed an appellant’s brief.

Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3(b), (c).

LISA J. SOTO, Justice

July 31, 2023

Before Rodriguez, C.J., Palafox, and Soto, JJ.