Herman Gilbertson v. Warden James Duke et al--Appeal from 350th District Court of Taylor County

11th Court of Appeals

Eastland, Texas

Memorandum Opinion

Herman Gilbertson

Appellant

Vs. No. 11-05-00010-CV -- Appeal from Taylor County

Warden James Duke et al

Appellees

Herman Gilbertson sued Texas Department of Criminal Justice - Institutional Division Robertson Unit Warden James Duke et al over an alleged conspiracy resulting from the conversion of an electric fan his mother gave him and other items. Gilbertson nonsuited any claims pursuant to TEX. GOV T CODE ANN. 501.008 (Vernon 2004). The trial court granted the defendants motion to dismiss. We affirm.

The record was filed in this court on Janaury 31, 2005. Gilbertson s brief was originally due to be filed in this court on or before March 2, 2005. TEX.R.APP.P. 38.6(a). Two extensions of time in which to file the brief have been granted, and the brief was due to be filed on or before June 13, 2005. As of this date, Gilbertson has failed to file a brief. In the interest of justice, we will submit the appeal on the record before this court. TEX.R.APP.P. 38.8(a)(2).

After reviewing the record, we find no error that would support a reversal of the trial court s order. TEX.R.APP.P. 44.1. We conclude that the trial court did not err in granting the motion to dismiss.

The order of the trial court is affirmed.

PER CURIAM

July 14, 2005

Not designated for publication. See TEX.R.APP.P. 47.2(a).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.