Byars v. Washington Mutual, et al, No. 08-10070 (5th Cir. 2008)

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED December 17, 2008 No. 08-10070 Summary Calendar Charles R. Fulbruge III Clerk RANDALL BYARS Plaintiff - Appellant v. WASHINGTON MUTUAL BANK; SELECT PORTFOLIO SERVICING INC; DB STRUCTURED PRODUCTS INC Defendants - Appellees Appeal from the United States District Court for the Northern District of Texas USDC No. 3:07-CV-322 Before REAVLEY, WIENER, and PRADO, Circuit Judges. PER CURIAM:* Plaintiff Randall Byars asks the court to give him a chance to prove his case, but he has given this court and the district court no notice of what is his case. He filed no objection to the motion for summary judgment and he raises no point or argument objecting to the district court s judgment. This court must follow the requirement of Rule 28 of the Federal Rules of Appellate Procedure * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 08-10070 that appellants state and brief argument on each issue of complaint about the trial court s judgment. For this reason this court must dismiss the appeal for want of prosecution. See Grant v. Cuellar, 59 F.3d 523 (5th Cir. 1995). DISMISSED. 2

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