Opinion
No. 13-04-681-CV
Memorandum Opinion delivered and filed February 28, 2008.
On appeal from the 267th District Court of De Witt County, Texas.
Before Chief Justice VALDEZ and Justices YAÑEZ and BENAVIDES.
MEMORANDUM OPINION
Appellant, James Edward Lewis, is a pro se inmate who brought suit against prison personnel. Appellant appeals from a trial court judgment dismissing his suit for want of prosecution. We affirm.
On May 28, 2003, appellant filed suit against appellees, alleging that his confinement was unconstitutional for several reasons. The suit was dismissed for want of prosecution on December 6, 2004.
Appellant raises five issues on appeal. In these issues, appellant asserts that his confinement is unconstitutional. Appellant's brief does not purport to address the propriety of the trial court's order dismissing his case for want of prosecution. Therefore, appellant has failed to preserve any error arising from the trial court's order dismissing his case for want of prosecution. Accordingly, we overrule appellant's five issues and affirm the trial court's judgment.
See TEX. R. APP. P. 38.1(e), (h); Pat Baker Co. v. Wilson, 971 S.W.2d 447, 450 (Tex. 1998) ("It is axiomatic that an appellate court cannot reverse a trial court's judgment absent properly assigned error."); see also Wheeler v. Green, 157 S.W.3d 439, 444 (Tex. 2005) (stating that "pro se litigants are not exempt from the rules of procedure").