Delbert McCloy v. Bob Davis, Individually and as Hansford County Justice of the Peace, and Hansford County Sheriff R. L. McFarlin, a Governmental Employee of Hansford County, Texas v. Delbert McCloy--Appeal from 84th District Court of Hansford County

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NO. 07-04-0459-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A DECEMBER 28, 2004 ______________________________ DELBERT MCCLOY, APPELLANT V. BOB DAVIS, INDIVIDUALLY AND AS HANSFORD COUNTY JUSTICE OF THE PEACE, AND HANSFORD COUNTY SHERIFF R. L. MCFARLIN, A GOVERNMENTAL EMPLOYEE OF HANSFORD COUNTY, TEXAS, APPELLEES _________________________________ FROM THE 84TH DISTRICT COURT OF HANSFORD COUNTY; NO. 4514; HONORABLE STEVEN EMMERT, JUDGE _______________________________ Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ. MEMORANDUM OPINION On September 13, 2004, the clerk of this court received a copy of a Notice of Appeal filed on behalf of appellant Delbert McCloy. By letter dated October 20, 2004, the clerk advised counsel for appellant that a reporter s record had not been received, see TEX . R. APP . P. 34.6(h), 35.3(b). By letter dated November 5, 2004, counsel for appellant was likewise advised that failure to file a written status report regarding payment for the clerk s and reporter s record may result in dismissal of the appeal. See TEX . R. APP . P. 42.3(c). By letter dated December 1, 2004, the clerk advised counsel for appellant that a written status report regarding payment for the clerk s and reporter s record was due, and that unless the written status report was received on or before December 10, 2004, the appeal would be subject to dismissal. This Court has not received a written status report confirming that the clerk s and reporter s records have been paid for or that satisfactory arrangements have been made for payment for these records. Accordingly, this appeal is dismissed. TEX . R. APP . P. 42.3. Phil Johnson Chief Justice -2-

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