11th Court of Appeals

Eastland, Texas

Memorandum Opinion

Charles Boyce Harden

            Appellant

Vs.                  No. 11-05-00158-CV -- Appeal from Brown County

State of Texas et al

            Appellees

            On January 31, 2005, the trial court signed the order dismissing Charles Boyce Harden’s claims. A motion for new trial was not filed. In order to perfect an appeal, a notice of appeal was due to be filed within 30 days of the date the order was signed. TEX.R.APP.P. 25.1 & 26.1. Harden filed a pro se notice of appeal on May 2, 2005, 91 days after the date the judgment was signed. We dismiss the appeal for want of jurisdiction.

            The clerk of this court has written the parties informing them that the notice of appeal appears to be untimely and requesting that Harden respond showing grounds for continuing the appeal. Harden has responded by filing a motion to stand.

            In his motion, Harden states that he did not have the name and address of the correct Court of Appeals, that he had previously mailed two notices of appeal to the wrong courts, and that his federal penitentiary unit had been under lockdown for 11 days. Letters attached to his motion reflect that Harden attempted to file notices of appeal in April of 2005. Pursuant to Rule 26.1, the notice of appeal was due to be filed on or before March 3, 2005. This court does not have authority to entertain the appeal.

            The appeal is dismissed for want of jurisdiction.

PER CURIAM

June 9, 2005

Not designated for publication. See TEX.R.APP.P. 47.2(a).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.