Barker v. State

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Cite as 2011 Ark. 420 SUPREME COURT OF ARKANSAS No. 11-627 Opinion Delivered JIMMIE BARKER APPELLANT v. RAY HOBBS, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION APPELLEE October 6, 2011 APPELLEE S MOTION TO DISMISS APPEAL [LINCOLN COUNTY CIRCUIT COURT, LCV 2011-11, HON. JODI RAINES DENNIS, JUDGE] MOTION GRANTED. PER CURIAM On April 13, 2011, an order was entered in the Lincoln County Circuit Court dismissing a pro se petition for writ of habeas corpus filed by Jimmie Barker. On June 21, 2011, appellant Barker lodged an appeal here from that order. The appellee State now asks that the appeal be dismissed for appellant s failure to submit a brief. Appellant was informed that his brief-in-chief was due here no later than August 1, 2011. Appellant did not file a motion for extension of time to file the brief, nor has he sought to file a belated brief or taken any other action to pursue the appeal. The appellee s motion is granted pursuant to Arkansas Supreme Court Rule 4-5 (2011). Failure of an appellant who is acting pro se to file a brief in an appeal is cause for dismissal of an appeal. See Ingold v. State, 2009 Ark. 611 (per curiam); see also Vickers v. State, 2009 Ark. 585 (per curiam); Pineda v. State, 2009 Ark. 554 (per curiam). Motion granted.

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