cvIn The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-14-00249-CV
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CARLOS A. DURAN, Appellant
V.
BRAD LIVINGSTON, ET AL., Appellees
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On Appeal from the 411th District Court
Polk County, Texas
Trial Cause No. CIV28366
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MEMORANDUM OPINION
Carlos A. Duran filed a suit against Brad Livingston in his official capacity
as Executive Director of the Texas Department of Criminal Justice, and
Department employees Brenda D. Spitaleri, Vera S. Fox, Helen E. Sheffield, and
Michael J. Butcher, in which Duran alleged that his photograph album had been
confiscated illegally and he had exhausted his administrative remedies. The trial
court dismissed the suit and Duran filed a notice of appeal.
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The brief of the appellant was due to be filed on or before October 3, 2014,
but Duran did not file a brief. On October 6, 2014, we notified the parties that the
brief had not been filed and warned the appellant that his failure to file a brief
could result in a dismissal of the appeal for want of prosecution. On November 18,
2014, we notified the parties that the appeal would be submitted to the Court
without briefs and without oral argument. See Tex. R. App. P. 39.8.
In the absence of a brief assigning error for appellate review, we dismiss the
appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1); Tex. R. App. P.
42.3(b).
APPEAL DISMISSED.
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STEVE McKEITHEN
Chief Justice
Submitted on December 9, 2014
Opinion Delivered December 18, 2014
Before McKeithen, C.J., Horton and Johnson, JJ.
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