DISMISS and Opinion Filed August 18, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00071-CV AUGUSTUS CEINETTE FREEMAN, III, Appellant V. GREGORY LEON AUSTIN AND CITY OF DALLAS, TEXAS, Appellees On Appeal from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-06143 MEMORANDUM OPINION Before Chief Justice Burns, and Justices Molberg and Pedersen, III Opinion by Chief Justice Burns Appellant’s brief in this case is overdue. After appellant failed to respond to our inquiry regarding the reporter’s record, we ordered the appeal submitted without a reporter’s record and for appellant’s brief to be filed by May 12, 2023. By postcard dated June 16, 2023 we informed appellant his brief was overdue and directed him to file his brief within ten days. We cautioned appellant that failure to do so would result in the dismissal of this appeal without further notice. See TEX. R. APP. P. 38.8(a)(1). To date, appellant has not filed his brief or otherwise corresponded with the Court regarding the status of this appeal.

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 38.8 (a)(1); 42.3(b), (c).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 230071F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT AUGUSTUS CEINETTE On Appeal from the 162nd Judicial FREEMAN, III, Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-22-06143.

No. 05-23-00071-CV V. Opinion delivered by Chief Justice Burns. Justices Molberg and GREGORY LEON AUSTIN AND Pedersen, III participating.

CITY OF DALLAS, TEXAS, Appellees In accordance with this Court’s opinion of this date, this appeal is DISMISSED.

Judgment entered August 18, 2023

–3–