Mahmud Ameen Seifullah A/K/A James Lee Powell v. Jason Heaton ( 2004 )

MARY'S OPINION HEADING

                            NO. 12-04-00339-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MAHMUD AMEEN SEIFULLAH,                  §     APPEAL FROM THE 369TH

A/K/A JAMES LEE POWELL,

APPELLANT

V.                                                                         §     JUDICIAL DISTRICT COURT OF

JASON HEATON, ET AL,

APPELLEE                                                        §     ANDERSON COUNTY, TEXAS

______________________________________________________________________________

MEMORANDUM OPINION

PER CURIAM

            This pro se in forma pauperis appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.3(c). The judgment in the instant case was signed on October 19, 2004. Thereafter, on November 3, 2004, Appellant filed a notice of appeal that 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 November 5, 2004, Appellant was notified pursuant to Texas Rule of Appellate Procedure 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 December 6, 2004, the appeal would be referred to the court for dismissal. See Tex. R. App. P. 42.3.

            The deadline for filing an amended notice of appeal has passed, and Appellant failed to respond to our notice or correct his defective notice of appeal. Accordingly, the appeal is dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3(c); Feist v. Berg, 12-04-00004-CV, 2004 WL 252785, at *1 (Tex. App.–Tyler Feb. 11, 2004, pet. denied); Feist v. Hubert, 12-03-00442-CV, 2004 WL 252285, at *1 (Tex. App.–Tyler Feb. 11, 2004, pet. denied).

            Opinion delivered December 8, 2004.

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

(PUBLISH)