Ex parte Allen D. FosterAppeal from 54th District Court of McLennan County (memorandum opinion by chief justice gray)
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IN THE TENTH COURT OF APPEALS No. 10-13-00231-CR EX PARTE ALLEN D. FOSTER From the 54th District Court McLennan County, Texas Trial Court No. 2012-2343-C2A MEMORANDUM OPINION Allen D. Foster filed an appeal of what appeared to be a writ of habeas corpus filed simultaneously with the trial court. By letter dated August 1, 2013, the Clerk of this Court notified Foster that his appeal was subject to dismissal because it appeared the trial court had not ruled on his application for writ of habeas corpus and therefore, there was no final, appealable order to appeal. See TEX. R. APP. P. 44.3; 26.2. By the same letter, the Clerk warned Foster that, unless a response showing grounds for continuing the appeal was filed within 14 days of the date of the letter, the appeal would be dismissed. More than 14 days have passed, and Foster has not filed a response to the Clerk s letter. The only correspondence from Foster since the issuance of the Clerk s letter was an inquiry about his attorney on appeal. Accordingly, the appeal is dismissed. TOM GRAY Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed August 29, 2013 Do not publish [CR25] Ex parte Foster Page 2
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