Robert Gordon v. Wayne Scott

                                                             11th Court of Appeals

                                                                  Eastland, Texas

                                                             Memorandum Opinion

 

Robert Gordon

Appellant

Vs.                   No. 11-03-00306-CV B Appeal from Jefferson County

Wayne Scott

Appellee

 

Robert Gordon has filed in this court a motion to extend time in which to file his notice of appeal.  The motion is overruled, and the appeal is dismissed.

Robert Gordon (an inmate in the Mark W. Stiles Unit of the Texas Department of Criminal Justice - Institutional Division) sued Wayne Scott (the former director of TDCJ-ID).  The trial court dismissed the suit in an order signed on May 30, 2003.  Gordon timely filed a motion to reconsider.  The notice of appeal was due to be filed on or before August 28, 2003, 90 days after the date the order was signed.  TEX.R.APP.P. 26.1.  Gordon did not file the notice of appeal until September 9, 2003, 102 days after the date the order was signed.  The motion for extension of time was filed on Septeber 30, 2003, and is not timely under TEX.R.APP.P. 26.3.

Pursuant to Verburgt v. Dorner, 959 S.W.2d 615 (Tex.1997), a timely motion may be implied provided that the appellant provides a reasonable explanation for the delay and shows that he is acting in good faith.  Gordon=s motion does not give a reasonable explanation for his failure to timely file and is silent as to his actions.  Therefore, the motion is overruled.

The appeal is dismissed.

 

PER CURIAM

 

October 16, 2003

Not designated for publication.  See TEX.R.APP.P. 47.2(a).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.