COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-16-00328-CV
VENCENT W. SCALES APPELLANT
V.
CHARLES R. HORSLEY, ROBERT APPELLEES
J. KLUSMEYER, TAMMY A.
MESSIMER, SHERILYN D. TRENT,
AND DANNY VILLEREAL
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FROM THE 30TH DISTRICT COURT OF WICHITA COUNTY
TRIAL COURT NO. 184,503-A
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MEMORANDUM OPINION1
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Appellant Vencent W. Scales, an inmate in a Texas Department of
Criminal Justice (TDCJ) facility, proceeding pro se, filed an in forma pauperis suit
naming as defendants a fellow inmate, Appellee Danny Villereal, as well as
Appellees Charles R. Horsley, Robert J. Klusmeyer, Tammy A. Messimer, and
1
See Tex. R. App. P. 47.4.
Sherilyn D. Trent, all of whom are TDCJ employees. On July 7, 2016, the trial
court entered an order dismissing Scales’s suit pursuant to Chapter 14 of the
Texas Civil Practices and Remedies Code. Scales attempts to appeal from that
order.
Scales filed his notice of appeal on September 1, 2016. On September 13,
2016, we notified Scales that it appeared we lacked jurisdiction over this appeal
because his notice of appeal was not timely filed. See Tex. R. App. 26.1. We
advised him that this appeal could be dismissed unless he, or any party desiring
to continue the appeal, filed a response showing grounds for continuing the
appeal on or before September 23, 2016. See Tex. R. App. P. 42.3(a), 44.3.
Scales thereafter filed several documents, none of which demonstrates adequate
grounds for continuing his appeal.2
The trial court signed its order dismissing Scales’s suit on July 7, 2016,
and Scales did not file a motion for new trial. Therefore, Scales’s deadline to file
his notice of appeal was August 8, 2016. See Tex. R. App. P. 4.1(a), 26.1(a).
Scales did not file his notice of appeal until September 1, 2016. We do not have
jurisdiction over an appeal absent a timely filed notice of appeal. Howlett v.
Tarrant Cty., 301 S.W.3d 840, 843 (Tex. App.—Fort Worth 2009, pet. denied)
One of the documents Scales filed was a motion for “Extension of Time
2
and Request for Assistance,” wherein he requested an extension of time to file
his brief on the ground that he was “experiencing difficulties” obtaining paper,
pens, envelopes, and carbon paper to write a brief that he estimated would
require between 100 and 450 pages. We note that we have not set any briefing
deadlines in this appeal.
2
(op. on reh’g) (citing Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997)).
Accordingly, because Scales’s notice of appeal was untimely filed, we dismiss
this appeal for want of jurisdiction.3
PER CURIAM
PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and SUDDERTH, J.
DELIVERED: October 27, 2016
3
Because we lack jurisdiction over this appeal, we take no action on
Scales’s motion for “Extension of Time and Request for Assistance.” See
Stephens v. Stephens, No. 2-10-197-CV, 2010 WL 3433108, at *1 & n.3 (Tex.
App.—Fort Worth Aug. 31, 2010, no pet.) (mem. op.) (citing In re A.L.B.,
56 S.W.3d 651, 652 (Tex. App.—Waco 2001, no pet.)).
3