Daniel Rayhaan Ali v. Dougals Dretke--Appeal from 23rd District Court of Brazoria County

Opinion issued December 29, 2005

In The

Court of Appeals

For The

First District of Texas

NO. 01 05 00676 CV

DANIEL RAYHAAN ALI, Appellant

V.

DOUGLAS DRETKE, Appellee

On Appeal from the 23rd District Court

Brazoria County, Texas

Trial Court Cause No. 31,919

MEMORANDUM OPINIONAppellant Daniel Rayhaaon Ali brought suit alleging, among other things, violation of a federal constitutional right to freely exercise his religion and to equal protection under the law. On March 23, 2005, the trial court dismissed appellant s suit as frivolous. Appellant filed no postjudgment motions, and filed his notice of appeal on July 7, 2005. After being notified that this appeal was subject to dismissal for want of jurisdiction, appellant did not adequately respond. See Tex. R. App. P. 42.3(a) (allowing involuntary dismissal of case);Tex. R. App. P. 26.1 (requiring notice of appeal to be filed within 30 days after the judgment is signed); Tex. R. Civ. P. 306a(5) (to extend the appellate deadlines due to lack of notice of judgment being appealed, party affected is required to prove in the trial court on signed motion and notice, the date on which the party or his attorney first either received such notice or acquired actual knowledge of the signing, whichever occurred first).

The appeal is dismissed for want of jurisdiction.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Hanks.