Rachiel C. Jackson v. Texas Department of Criminal Justice

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-04-429 CV

____________________



RACHIEL C. JACKSON, Appellant



V.



TEXAS DEPARTMENT OF CRIMINAL JUSTICE,

INSTITUTIONAL DIVISION, ET AL., Appellees




On Appeal from the 258th District Court

Polk County, Texas

Trial Cause No. CIV 17598




MEMORANDUM OPINION (1)

We received notice of appeal filed September 24, 2004. We notified the parties that the notice of appeal did not appear to have been timely filed. We received no response to our inquiry regarding jurisdiction. The judgment was signed on February 24, 2004. No motion for new trial was timely filed. A notice of appeal was filed on September 24, 2004, more than 30 days from the date the judgment was signed. Appellant did not file a timely motion for extension of time with this Court and did not perfect a restricted appeal. The Court finds appellant failed to timely perfect an appeal, and further failed to present a reasonable explanation of his failure to timely perfect appeal. The Court further finds that it lacks jurisdiction over this appeal.

It is therefore ORDERED that this appeal be DISMISSED for want of jurisdiction. APPEAL DISMISSED.

PER CURIAM

Opinion Delivered December 2, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.