Donald Ray McCray v. Clerk of Court ( 2003 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-03-150 CV ____________________

DONALD RAY MCCRAY, Appellant

V.

CLERK OF THE COURT, Appellee

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On Appeal from the 58th District Court Jefferson County, Texas Trial Cause No. A-167,445

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MEMORANDUM OPINION ⁽¹⁾  

The appellant, Donald Ray McCray, is confined in the Texas Department of Criminal Justice, Institutional Division. On January 27, 2003, the trial court signed an order of dismissal of Cause No. A-167,445. On March 26, 2003, the district clerk filed in Cause No. A-167,445 an instrument postmarked March 25, 2003. A copy of this instrument, which McCray titled, "Appeal Denied the Civil Right to Appeal Against the Defendant," was forwarded to the Court of Appeals by the district clerk as though it were a notice of appeal of Cause No. A-167,445. On April 10, 2003, we notified McCray that the document was not filed within the time for filing notice of appeal. On April 16, 2003, McCray filed a response that stated, "No notice of appeals or affidavit for extension of time have been filed to this court by me."

Donald Ray McCray did not perfect appeal in Cause No. A-167,445 by filing notice of appeal. See Tex. R. App. P. 25.1. No other instrument was filed in a bona fide attempt to invoke the jurisdiction of the appellate court. See Linwwod v. NCNB Texas, 885 S.W.2d 102, 103 (Tex. 1994). No party invoked the jurisdiction of the Court of Appeals within the time permitted for perfecting appeal. Tex. R. App. P. 25.1(b); 26.1(a). Accordingly, the appeal is dismissed for lack of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered April 24, 2003

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.