Court of Civil Appeals of Texas, 2023

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

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 of Civil Appeals of Texas · Decided July 31, 2023

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

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.

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