NO. 07-06-0388-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
DECEMBER 13, 2006
______________________________
JOSEPH STEWART, III, APPELLANT
V.
ANTHONY HOLMES, ET AL., APPELLEES
_________________________________
FROM THE 87TH DISTRICT COURT OF ANDERSON COUNTY;
NO. 87-10358; HONORABLE DEBORAH OAKES EVANS, JUDGE
_______________________________
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Appellant, Joseph Stewart, III, an inmate proceeding pro se, perfected this appeal
from the trial court’s order dismissing his suit for denial of postage which he alleged was
in violation of his constitutional rights. The clerk’s record was filed on October 9, 2006.
Stewart’s brief was due to be filed on November 8, 2006, but has yet to be filed. Also, no
motion for extension of time has been filed. By letter from the Clerk of this Court dated
November 14, 2006, Stewart was notified of the defect and directed to file by November
28, 2006, either his brief or a response reasonably explaining the failure to do so. Stewart
was further directed to show that Appellees, Anthony Holmes, et al., have not been
significantly injured by the delay. The Court noted that failure to comply might result in
dismissal pursuant to Rule 38.8(a) of the Texas Rules of Appellate Procedure. Stewart did
not respond and the brief remains outstanding.
Accordingly, we dismiss this appeal for want of prosecution and failure to comply
with a notice from the Clerk of this Court requiring a response or other action in a specified
time. See Tex. R. App. P. 38.8(a)(1), 42.3(b) and (c).
Patrick A. Pirtle
Justice
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