David Cloud v. Texas Department of Criminal Justice ( 2020 )

NUMBER 13-19-00402-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG ____________________________________________________________ DAVID CLOUD, Appellant, v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Appellee. ____________________________________________________________ On appeal from the 343rd District Court of Bee County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Benavides, Perkes, and Tijerina Memorandum Opinion by Justice Benavides This matter is before the Court on the appellant’s failure to file a brief or reasonably explain his failure to do so. The appellant's brief in the above cause was originally due on December 12, 2019. On December 16, 2019, the Clerk of the Court notified appellant the brief had not been timely filed and that the appeal was subject to dismissal for want of prosecution under Texas Rule of Appellate Procedure 38.8(a)(1), unless within ten days from the date of receipt of the letter, appellant reasonably explained the failure and the appellee was not significantly injured by the appellant's failure to timely file a brief. To date, Appellant has failed to file a brief. Appellant has failed to either reasonably explain his failure to file a brief, file a motion for extension of time to file her brief, or file his brief. Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION. See TEX. R. APP. P. 38.8(a), 42.3(b). GINA M. BENAVIDES, Justice Delivered and filed the 12th day of March, 2020. 2