NO. 12-04-00212-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MARTIN MEDELEZ,                                        §     APPEAL FROM THE 349TH

APPELLANT

V.                                                                         §     JUDICIAL DISTRICT COURT OF

T.D.C.J.-I.D. MEDICAL STAFF,

DR. ORETTE AUSTIN,

DR. BETTY WILLIAMS, R.N.,                         §     HOUSTON COUNTY, TEXAS

NADYA POWERS AND

MS. GLENDA ADAMS, M.D.,

APPELLEES 

MEMORANDUM OPINION

PER CURIAM

            This pro se in forma pauperis appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3(c). The judgment in the instant case was signed on June 7, 2004. Thereafter, on June 28, 2004, Appellant filed a notice of appeal which failed to contain the information required by Rule 25.1 (e), i.e., a certificate of service showing service on all parties to the trial court’s judgment.

            On June 29, 2004, Appellant was notified pursuant to Texas Rule of Appellate Procedure 37.1 that the notice of appeal was defective for failure to comply with Rule 25.1(e). He was further notified that unless he filed an amended notice of appeal on or before July 29, 2004, the appeal would be referred to the court for dismissal. Tex. R. App. P. 42.3.

            The deadline for Appellant to file his notice of appeal has expired, and Appellant has failed to comply with our notice. Because Appellant has failed to correct his defective notice of appeal after notice, the appeal is dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3(c).

Opinion delivered August 4, 2004.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)