Opinion
Appellate case number: 01-15-00619-CV
04-26-2016
Darrell J. Harper v. The State of Texas
ORDER AND NOTICE OF INTENT TO DISMISS FOR WANT OF PROSECUTION Trial court case number: 2014-74062 Trial court: 165th District Court of Harris County
On July 15, 2015, appellant, Darrell J. Harper, proceeding pro se and incarcerated, filed a notice of appeal from the trial court's order of dismissal for want of prosecution, signed on June 16, 2015, of his civil complaint alleging, among other things, employment discrimination. On February 18, 2016, this Court sua sponte struck appellant's one-page pro se appellate brief because it did not comply with Texas Rule of Appellate Procedure 38.1, and ordered appellant to file an amended brief containing all the necessary references to the clerk's record and conforming to Rule 38.1 within 40 days. In that Order, this Court also directed the trial court clerk to provide a copy of the clerk's record to the pro se and incarcerated appellant.
On March 18, 2016, appellant filed a pro se amended brief that is three pages long, but without any citations to the clerk's record or legal/case law authority, and it has a certificate of service dated March 7, 2016. On April 8, 2016, the trial court clerk filed a supplemental clerk's record in this Court with confirmation that the clerk's record was delivered to appellant on March 10, 2016. Thus, it appears that appellant's pro se amended brief was submitted before he received the clerk's record.
After reviewing appellant's amended brief, it again does not comply with Rule 38.1 or this Court's February 18th Order. Specifically, appellant's amended brief does not contain any of the following sections, in the following order or otherwise:
(1) a list of all the parties to the trial court's judgment and addresses of all trial and appellate counsel;
(2) a table of contents;
(3) an index of authorities;TEX. R. APP. P. 38.1(a)-(k).
(4) a brief statement of the case with references to the appellate record;
(5) a statement regarding oral argument;
(6) a list of the issues presented for appeal;
(7) a statement of facts supported by record references;
(8) a summary of the argument;
(9) a clear and concise argument for the contentions made with appropriate citations to legal authorities and the appellate record
(10) a short conclusion clearly stating the nature of the relief sought; and
(11) an appendix, if necessary.
Accordingly, because appellant's amended brief was submitted before he received the clerk's record, the Court sua sponte strikes the amended brief and orders the brief redrawn with the above sections to be included, specifically the citations to the clerk's record and legal/case law authorities. See TEX. R. APP. P. 38.1(i), 38.9(a). If appellant files a second amended brief that again does not comply with TEX. R. APP. P. 38.1, as set forth above, the Court may strike the redrawn brief again, prohibit appellant from filing another brief, and proceed as if appellant had failed to file a brief, i.e., dismiss appellant's appeal for want of prosecution. See id. 38.8(a), 38.9(a).
If appellant fails to timely comply by filing a compliant second amended brief within 30 days from the date of this order, the Court will dismiss this appeal for want of prosecution without further notice. See TEX. R. APP. P. 42.3(b), 38.1, 38.8(a), 38.9(a).
It is so ORDERED. Judge's signature: /s/ Laura Carter Higley
[×] Acting individually Date: April 26, 2016