Khabiir Abdul-Malik a/k/a Cyrus Clinton King v. Bryan Barker--Appeal from 349th District Court of Anderson County

MARY'S OPINION HEADING NO. 12-03-00295-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

KHABIIR ABDUL-MALIK

A/K/A CYRUS KING,

 
APPEAL FROM THE 349TH

APPELLANT

 
JUDICIAL DISTRICT COURT OF

BRYAN BARKER,

 
ANDERSON COUNTY, TEXAS

APPELLEE

 
MEMORANDUM OPINION

This pro se in forma pauperis appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3(c). The judgment in the instant case was signed on August 21, 2003. Thereafter, on September 8, 2003, Appellant filed a notice of appeal which failed to contain the information required by Rule 25.1(e), i.e., a certificate of service showing service on all parties to the trial court's judgment.

On September 9, 2002, Appellant was notified pursuant to Tex. R. App. P. 37.1 that the notice of appeal was defective for failure to comply with Rule 25.1(e). He was further notified that unless he filed an amended notice of appeal on or before October 9, 2003, the appeal would be referred to the court for dismissal. Tex. R. App. P. 42.3.

On September 22, 2003, Appellant filed an amended notice of appeal, but did not correct the defect. Since Appellant has failed to correct his defective notice of appeal after notice, the appeal is dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3(c).

Opinion delivered September 24, 2003.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

 
(DO NOT PUBLISH)