Roscoe Moody, Jr. v. Texas Board of Pardons and Paroles

MARY'S OPINION HEADING

NO. 12-04-00065-CV



IN THE COURT OF APPEALS



TWELFTH COURT OF APPEALS DISTRICT



TYLER, TEXAS



ROSCOE MOODY, JR.,§ APPEAL FROM THE 369TH

APPELLANT



V.§ JUDICIAL DISTRICT COURT OF



TEXAS BOARD OF PARDONS

AND PAROLES,§ ANDERSON COUNTY, TEXAS

APPELLEE



MEMORANDUM OPINION

PER CURIAM

This pro se in forma pauperis appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3(c). The judgment in the instant case was signed on February 6, 2004. Thereafter, on March 5, 2004, Appellant filed a notice of appeal which failed to contain the information required by Rule 25.1 (e)., i.e., a certificate of service showing service on all parties to the trial court's judgment.

On March 11, 2004, Appellant was notified pursuant to Tex. R. App. P. 37.1 that the notice of appeal was defective for failure to comply with Rule 25.1(e). He was further notified that unless he filed an amended notice of appeal on or before April 12, 2004, the appeal would be referred to the court for dismissal. Tex. R. App. P. 42.3.

The deadline for Appellant to file his notice of appeal has expired, and Appellant has failed to comply with our notice. Because Appellant has failed to correct his defective notice of appeal after notice, the appeal is dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3(c).

Opinion delivered April 14, 2004.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.



(PUBLISH)