Julio Perez, Jr. v. Dusty Hawkins, Thomas Jenkins, Ricky Judd--Appeal from 102nd District Court of Bowie County
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-08-00102-CV ______________________________ JULIO PEREZ, JR., Appellant V. DUSTY HAWKINS, THOMAS JENKINS, RICKY RUDD, Appellees On Appeal from the 102nd Judicial District Court Bowie County, Texas Trial Court No. 07C0056-102 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Moseley MEMORANDUM OPINION Julio Perez, Jr., has filed a notice of appeal from a judgment that dismissed his "lawsuit" for want of prosecution. He has not in any respect attacked the court's decision to dismiss the action for that reason. Rather, he argues cogently that this was not a civil lawsuit in the first place, as it is actually an affidavit which he intended to be a criminal complaint to be brought to the attention of the authorities whose duty it is to investigate such. The affidavit sets out various types of alleged wrongdoing and injury resulting therefrom, but neither seeks damages of any sort, nor does it request a remedy. It states that it is an affidavit/complaint to be filed with the Bowie County District Attorney's Office to institute formal charges against specific prison guards for "mistreatment and oppressive behavior" by those individuals.1 As Perez has directed us to no claimed error by the trial court, we must affirm the judgment. We note, however, that such an affirmance can have no effect upon Perez's attempt to pursue criminal proceedings against the individuals named in the affidavit. We affirm the judgment. Bailey C. Moseley Justice Date Submitted: Date Decided: May 5, 2009 May 6, 2009 1 The record also contains a letter from Perez to the district clerk pointing out that his affidavit had been misconstrued to be a lawsuit when it was not. 2
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