                                     cvIn The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                            ____________________
                              NO. 09-14-00249-CV
                            ____________________

                        CARLOS A. DURAN, Appellant

                                         V.

                   BRAD LIVINGSTON, ET AL., Appellees
_______________________________________________________           ______________

                    On Appeal from the 411th District Court
                             Polk County, Texas
                          Trial Cause No. CIV28366
________________________________________________________           _____________

                          MEMORANDUM OPINION

      Carlos A. Duran filed a suit against Brad Livingston in his official capacity

as Executive Director of the Texas Department of Criminal Justice, and

Department employees Brenda D. Spitaleri, Vera S. Fox, Helen E. Sheffield, and

Michael J. Butcher, in which Duran alleged that his photograph album had been

confiscated illegally and he had exhausted his administrative remedies. The trial

court dismissed the suit and Duran filed a notice of appeal.



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      The brief of the appellant was due to be filed on or before October 3, 2014,

but Duran did not file a brief. On October 6, 2014, we notified the parties that the

brief had not been filed and warned the appellant that his failure to file a brief

could result in a dismissal of the appeal for want of prosecution. On November 18,

2014, we notified the parties that the appeal would be submitted to the Court

without briefs and without oral argument. See Tex. R. App. P. 39.8.

      In the absence of a brief assigning error for appellate review, we dismiss the

appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1); Tex. R. App. P.

42.3(b).

      APPEAL DISMISSED.


                                             ________________________________
                                                   STEVE McKEITHEN
                                                       Chief Justice


Submitted on December 9, 2014
Opinion Delivered December 18, 2014

Before McKeithen, C.J., Horton and Johnson, JJ.




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