Clifton Jerry Landry v. Texas Dept of Criminal Justice

IN THE TENTH COURT OF APPEALS No. 10-09-00108-CV CLIFTON JERRY LANDRY, Appellant v. TEXAS DEPT OF CRIMINAL JUSTICE, ET AL., Appellees From the 12th District Court Walker County, Texas Trial Court No. 23,002 MEMORANDUM OPINION Clifton Jerry Landry seeks to appeal from a “COLLECTION (COURT FEE/ETC.) ORDER” signed by the trial court on September 23, 2008. Landry filed his notice of appeal on April 8, 2009. We will dismiss the appeal for want of jurisdiction. The Clerk of this Court notified Landry that the appeal was subject to dismissal for want of jurisdiction because: (1) the notice of appeal is untimely; see TEX. R. APP. P. 26.1(b), 28.1(b); and (2) there does not appear to be a statute giving this Court jurisdiction over this interlocutory appeal. See Ogletree v. Matthews, 262 S.W.3d 316, 319 n.1 (Tex. 2007). Landry was warned that the appeal may be dismissed if he or any party did not file a response showing grounds for continuing the appeal. See TEX. R. APP. P. 42.3(a). The Court has received no response.1 Accordingly, the appeal is dismissed. FELIPE REYNA Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Appeal dismissed Opinion delivered and filed May 20, 2009 [CV06] 1 The Court did receive Landry’s docketing statement five days after mailing the notice letter. However, it does not appear that Landry filed this document in response to the notice letter. Landry v. Tex. Dep’t of Criminal Justice Page 2