Billy Rell Miles v. Warden Cassell, TDCJ-ID c/o Gary Johnson--Appeal from 83rd District Court of Pecos County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

BILLY RELL MILES,

Appellant,

v.

WARDEN CASSELL, TDCJ-ID C/O GARY JOHNSON,

Appellee.

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No. 08-02-00374-CV

Appeal from the

83rd Judicial District Court

of Pecos County, Texas

(TC# P-5943-83-CV)

O P I N I O N

This appeal is before the Court on its own motion to dismiss pursuant to Tex. R. App. P. 42.3, which states:

Under the following circumstances, on any party=s motion--or on its own initiative after giving ten days= notice to all parties--the appellate court may dismiss the appeal or affirm the appealed judgment or order. Dismissal or affirmance may occur if the appeal is subject to dismissal:

(a) for want of jurisdiction;

(b) for want of prosecution; or

(c) because the appellant has failed to comply with a requirement of these rules, a court order, or a notice from the clerk requiring a response or other action within a specified time.

Tex. R. App. P. 42.3.

Appellant seeks to appeal from a judgment entered June 7, 2001. However, Appellant did not file his notice of appeal until August 30, 2002. On August 30, 2002, pursuant to Tex. R. App. P. 42.3(a), this Court=s clerk sent Appellant a notice of the Court=s intent to dismiss for want of jurisdiction if, within ten days of the notice, Appellant did not respond showing grounds to continue the appeal. No response has been received as of this date.

We have given notice of our intent to do so, requested a response if a reasonable basis to continue the appeal exists, and have received none. We see no purpose that would be served by declining to dismiss this appeal at this stage of the proceedings. Pursuant to Tex. R. App. P. 42.3(a), we dismiss the appeal for want of jurisdiction.

October 3, 2002

RICHARD BARAJAS, Chief Justice

Before Panel No. 4

Barajas, C.J., Larsen, and McClure, JJ.

(Do Not Publish)