Rashaad H. Al-Muhammad v. Richard Harvey, et al.--Appeal from 52nd District Court of Coryell County

IN THE

TENTH COURT OF APPEALS

No. 10-94-260-CV

RASHAAD H. AL-MUHAMMAD,

Appellant

v.

RICHARD HARVEY, ET AL.,

Appellees

From the 52nd District Court

Coryell County, Texas

Trial Court # 28,181

MEMORANDUM OPINION

Rashaad H. Al-Muhammad appealed from the court's dismissal of his in forma pauperis petition. See Tex. Civ. Prac. & Rem. Code Ann. 13.001 (Vernon Supp. 1994). Al-Muhammad filed his notice of appeal and affidavit of inability to pay costs on August 11, 1994, and the transcript was filed in this court on August 25. Although his brief was due on September 26, no appellant's brief has been filed. See Tex. R. App. P. 74(k). Appellate Rule 74(l)(1) provides:

Civil Cases. In civil cases, when the appellant has failed to file his brief in the time prescribed, the appellate court may dismiss the appeal for want of prosecution, unless reasonable explanation is shown for such failure and that appellee has not suffered material injury thereby. The court may, however, decline to dismiss the appeal, whereupon it shall give such direction to the cause as it may deem proper.

Id. 74(l)(1).

More than thirty days have passed since Al-Muhammad's brief was due. No reasonable explanation has been presented for the failure to file a brief. Therefore, this appeal is dismissed for want of prosection. See id.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed

Opinion delivered and filed November 2, 1994

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