Butler v. Hobbs

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Cite as 2012 Ark. 162 SUPREME COURT OF ARKANSAS No. 11-1151 Opinion Delivered DAVID RUSSELL BUTLER APPELLANT v. RAY HOBBS APPELLEE April 12, 2012 APPELLEE S MOTION TO DISMISS APPEAL [JEFFERSON COUNTY CIRCUIT COURT, CV 2011-491, HON. JODI RAINES DENNIS, JUDGE] MOTION GRANTED. PER CURIAM On November 18, 2011, appellant David Russell Butler lodged in this court an appeal from an order entered in the Jefferson County Circuit Court that dismissed his pro se petition for writ of mandamus. Appellant was informed that his brief-in-chief was due here no later than December 28, 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. Now before us is the appellee s motion to dismiss the appeal for failure to file a brief. 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 the appeal. Barker v. Hobbs, 2011 Ark. 420 (per curiam); 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.