Opinion
No. 11-14-00097-CV
09-25-2014
MICHEAL RALSTON, Appellant v. BRAD LIVINGSTON ET AL., Appellees
On Appeal from the 259th District Court Jones County, Texas
Trial Court Cause No. 023131
MEMORANDUM OPINION
The trial court dismissed as frivolous all of the claims brought by Micheal Ralston, an indigent inmate, against the defendants. Ralston filed a pro se notice of appeal on April 8, 2014. Appellant's brief in this appeal was originally due to be filed on August 4, 2014. On its own motion, this court granted an extension and extended the deadline to September 15, 2014. This court notified Appellant of the deadline and the extended deadline. We also informed Appellant that the failure to file his brief by the September 15 due date "may result in dismissal of the case." Appellant has yet to file a brief or a motion for extension and has not responded to this court's letters regarding his brief. Accordingly, we conclude that the appeal should be dismissed based upon Appellant's failure to prosecute the appeal. TEX. R. APP. P. 38.8, 42.3.
We note that Appellant's name appears in the clerk's record as "Micheal Ralston" on the documents filed by Appellant and as "Michael Ralston" on the judgment of the trial court and the documents filed by the defendants.
The appeal is dismissed for want of prosecution.
PER CURIAM September 25, 2014 Panel consists of: Wright, C.J.,
Willson, J., and Bailey, J.