Jose Martinez v. Utbm

Opinion issued July 7, 2015 In The Court of Appeals For The First District of Texas ———————————— NO. 01-15-00468-CV ——————————— JOSE MARTINEZ, Appellant V. UNIVERSITY OF TEXAS MEDICAL BRANCH, Appellee On Appeal from the 405th District Court Galveston County, Texas Trial Court Cause No. 14-CV-1206 MEMORANDUM OPINION Appellant, Jose Martinez, proceeding pro se and incarcerated, has filed a motion for voluntary dismissal of his appeal. See TEX. R. APP. P. 42.1(a)(1). Although the motion does not contain a certificate of conference, it has a certificate of service on the appellee and more than ten days have passed with no response filed. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2). No other party has filed a notice of appeal and no opinion has issued. See TEX. R. APP. P. 42.1(a)(1), (c). Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). We dismiss any pending motions as moot. PER CURIAM Panel consists of Justices Keyes, Huddle, and Lloyd. 2