Freddie Lee Walker v. Std. Sgt. Lucio J. Castro and Tony Green--Appeal from 3rd District Court of Anderson County

NO. 12-04-00352-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

  FREDDIE LEE WALKER,   APPEAL FROM THE THIRD

APPELLANT

  V.   JUDICIAL DISTRICT COURT OF

STG. SGT. LUCIO J. CASTRO

AND TONY GREEN,

  APPELLEES   ANDERSON COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This pro se in forma pauperis appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.3(c). The judgment in the instant case was signed on November 4, 2004. Thereafter, on November 12, 2004, Appellant filed a notice of appeal that failed to contain the information required by Rule 25.1 (e), i.e., a certificate of service showing service on all parties to the trial court s judgment.

On January 7, 2005, Appellant was notified pursuant to Texas Rule of Appellate Procedure 37.1 that the notice of appeal was defective for failure to comply with Rule 25.1(e). He was further notified that unless he filed an amended notice of appeal on or before February 7, 2005, the appeal would be referred to the court for dismissal. See Tex. R. App. P. 42.3.

On January 21, 2005, Appellant filed an amended notice of appeal. However, the amendment does not comply with Rule 25.1(e). Accordingly, the appeal is dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3(c); Feist v. Berg, 12-04-00004-CV, 2004 WL 252785, at *1 (Tex. App. Tyler Feb. 11, 2004, pet. denied); Feist v. Hubert, 12-03-00442-CV, 2004 WL 252285, at *1 (Tex. App. Tyler Feb. 11, 2004, pet. denied).

Opinion delivered January 26, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)

COURT OF APPEALS

    TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

    JUDGMENT

JANUARY 26, 2005

NO. 12-04-00352-CV

FREDDIE LEE WALKER,

Appellant

V.

STG. SGT. LUCIO J. CASTRO AND TONY GREEN,

Appellees

_____________________________________________________________________________

Appeal from the 3rd Judicial District Court

of Anderson County, Texas. (Tr. Ct. No. 3-39793)

_____________________________________________________________________________

THIS CAUSE came to be heard on the appellate record, and the same being inspected, because it is the opinion of this court that the appeal should be dismissed, it is hereby ORDERED, ADJUDGED and DECREED by the court that the appeal be dismissed in accordance with the opinion of this court; and that this decision be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.