TRAVIS DAVIS v. VRM VENDOR RESOURCE MANAGEMENT DULY AUTHORIZED AGENT FOR THE SECRETARY OF VETERANS AFFAIRS AN OFFICER OF THE UNITED STATES OF AMERICA (2017)

MEMORANDUM OPINION

Travis Davis timely filed a notice of appeal September 28, 2016. The clerk's record was filed October 7, 2016.¹ The reporter's record was filed November 10, 2016. Davis' brief was due to be filed in this Court on December 19, 2016. When neither a brief nor a motion to extend time for filing same was received by December 19, this Court advised Davis by letter dated January 6, 2017, that the brief was late. We further extended the deadline for filing the brief to January 23, 2017. We warned Davis that his failure to file the brief by January 23, 2017, would subject this appeal to dismissal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).

We have received no responsive communication from Davis and have not received his appellate brief. Having received no response to this Court's letter of January 6, 2017, Davis' appeal is ripe for dismissal for want of prosecution. Consequently, pursuant to Rules 38.8 and 42.3 of the Texas Rules of Appellate Procedure, we dismiss this appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).

FOOTNOTES

1.   Originally appealed to the Third Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to Section 73.001 of the Texas Government Code. See TEX. GOV'T CODE ANN. § 73.001 (West 2013). We are unaware of any conflict between precedent of the Third Court of Appeals and that of this Court on any relevant issue. See TEX. R. APP. P. 41.3.

Memorandum Opinion by Chief Justice Morriss