Michael Scott v. Warden R. Treon, Asst. Warden J. Mooneyham, Major K. Bright, Sgt. McKellips, Sgt. Moore, T. Diniz, Corny and Price

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-446-CV

MICHAEL SCOTT APPELLANTS

V.

WARDEN R. TREON, ASST. WARDEN J. APPELLEES

MOONEYHAM, MAJOR K. BRIGHT,

SGT. MCKELLIPS, SGT. MOORE, T.

DINIZ, CORNY, AND PRICE

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FROM THE 78 TH DISTRICT COURT OF WICHITA COUNTY

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MEMORANDUM OPINION (footnote: 1) AND JUDGMENT

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On May 18, 2006, we notified appellant that his brief had not been filed as required by T EX. R. A PP. P. 38.6(a).  We stated we would dismiss the appeal for want of prosecution unless appellant or any party desiring to continue this appeal filed with the court within ten days a response showing grounds for continuing the appeal.  We have not received any response.

Because appellant’s brief has not been filed, we dismiss the appeal for want of prosecution.   See T EX . R. A PP . P. 38.8(a), 42.3(f).

PER CURIAM

PANEL D: WALKER, J.; CAYCE, C.J.; and LIVINGSTON, J.

DELIVERED: June 15, 2006

FOOTNOTES

1:

See Tex. R. App. P. 47.4.