Court of Civil Appeals of Texas, 2007

Charles Mulkey, Jr. v. Texas Department of Criminal Justice - Correctional Institutions Division

Charles Mulkey, Jr. v. Texas Department of Criminal Justice - Correctional Institutions Division
Court of Civil Appeals of Texas · Decided August 23, 2007

Charles Mulkey, Jr. v. Texas Department of Criminal Justice - Correctional Institutions Division

Opinion











NUMBER 13-06-628-CV



COURT OF APPEALS



THIRTEENTH DISTRICT OF TEXAS



CORPUS CHRISTI - EDINBURG

_________________________________________________________________



CHARLES MULKEY, JR., Appellant,



v.


TEXAS DEPARTMENT OF CRIMINAL JUSTICE -

CORRECTIONAL INSTITUTIONS DIVISION, ET AL., Appellees.

_________________________________________________________________



On appeal from the 343rd District Court

of Bee County, Texas.

_________________________________________________________________



MEMORANDUM OPINION



Before Justices Yañez, Garza, and Benavides

Memorandum Opinion Per Curiam



Appellant, CHARLES MULKEY, JR., perfected an appeal from a judgment entered by the 343rd District Court of Bee County, Texas, in cause number B-05-1514-CV-C. The clerk's record was filed on March 22, 2007. The reporter's record was filed on January 9, 2007. Appellant's brief was due on April 25, 2007. To date, no appellate brief has been received.

When the appellant has failed to file a brief in the time prescribed, the Court may dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant's failure to timely file a brief. Tex. R. App. P. 38.8(a)(1).

On June 7, 2007, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1). Appellant was given ten days to explain why the cause should not be dismissed for failure to file a brief. The Court's letter was returned, and the Court was informed by prison officials that the inmate had been released from custody and had not left a forwarding address.

Accordingly, because appellant has failed to file a proper appellate brief and has not provided us with any other means of contacting him, the Court is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM



Memorandum Opinion delivered and filed

this the 23rd day of August, 2007.





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