Hutchins v. TDCJ (Tex.App.- Austin, Jun. 11, 2007)

Hutchins v. TDCJ [Texas Department of Criminal Justice] (Tex.App.- Austin, Jun. 11, 2007)(DWOP)
DISMISSED FOR WANT OF PROSECUTION: Opinion by Justice Pemberton
(Before Justices Patterson, Pemberton and Waldrop)

Roosevelt Hutchins, Jr., TDCJ #662815 and Phillip A. Dick v. State of Texas, Orla Sharp and Valencia Ann Pollard
Appeal from 200th District Court of Travis County

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT
NO. D-1-GN-05-002014, HONORABLE SCOTT H. JENKINS, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellants Roosevelt Hutchins, Jr., and Phillip A. Dick appeal from the district court's dismissal of their claims against appellees the State of Texas, Orla Sharp, and Valencia Ann Pollard. On February 1, 2007, appellants filed a motion for extension of time to file their brief. We granted the motion on February 2, extending the deadline for filing a brief until March 8, 2007. On April 3, 2007, this Court notified appellants that their brief was overdue and that if they failed to file a brief or reasonably explain the failure to file a brief by April 13, we would dismiss the appeal. See Tex. R. App. P. 38.8(a)(1). The deadline has passed and we have not received either a brief or a response from appellants. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3
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Bob Pemberton, Justice
Before Justices Patterson, Pemberton and Waldrop
Dismissed for Want of Prosecution
Filed: June 11, 2007