Alvaro Sanchez v. Omar Lucio, Cameron County Sheriff ( 2010 )

NUMBER 13-10-00227-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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ALVARO SANCHEZ, Appellant,
v.
OMAR LUCIO, CAMERON COUNTY SHERIFF, ET AL., Appellees.
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On “Order Adopting Magistrate Judge’s Report and Recommendation”
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MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Yañez and Garza
Memorandum Opinion Per Curiam
Appellant, Alvaro Sanchez, attempts to appeal an “Order Adopting Magistrate
Judge’s Report and Recommendation” entered by the United States District Court
Southern District of Texas Brownsville Division on March 2, 2010. Upon receipt of the
notice of appeal, the Clerk of this Court notified Sanchez that it did not appear that this
Court has jurisdiction, so that steps could be taken to correct the defect, if it could be
done. See TEX. R. APP. P. 37.1, 42.3. The Clerk further notified Sanchez that the
appeal would be dismissed if the defect was not corrected after the expiration of ten days
from receipt of the Court’s notice. In response, Sanchez has sent numerous handwritten
documents, including an “Application for Certificate of Appealability Under to Comply with
28 U.S.C. §2253.”
The Court, having fully reviewed and considered the documents herein, concludes
that the order appealed from fails to invoke our appellate jurisdiction and is of the opinion
that the cause should be dismissed. In terms of appellate jurisdiction, each court of
appeals has appellate jurisdiction of all civil cases within its district of which the district
courts or county courts have jurisdiction when the amount in controversy or the judgment
rendered exceeds $250, exclusive of interest and costs. See TEX. GOV’T CODE ANN.
§22.220 (Vernon 2004). In this case, the order appealed from was not from a district or
county court, rather it was an order issued by the United States Southern District Court.
The Court, having examined and fully considered the documents on file, is of the
opinion that the appeal should be dismissed for want of jurisdiction. Accordingly, the
appeal is hereby DISMISSED FOR WANT OF JURISDICTION. See TEX. R. APP. P.
42.3(a),(c).
PER CURIAM
Delivered and filed the
22nd day of July, 2010.
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