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Taylor v. Meador

Because appellant's brief does not comply with the requirements of Texas Rule of Appellate Procedure 38.1, the issues presented are waived and the trial court's dismissal is affirmed. El Paso Court of Appeals, No. 08-10-00017-CV, 10-01-2010

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OPINION

Mr. Charlie Taylor appeals from the trial court’s order dismissing his case under Chapter Fourteen of the Texas Civil Practice and Remedies Code. Mr. Taylor’s brief contains five issues challenging several different orders entered in the trial court, as well as various actions taken by the Texas Department of Criminal Justice (“TDCJ”). Because Mr. Taylor’s brief does not comply with the requirements of Texas Rule of Appellate Procedure 38.1, the issues presented will be overruled as waived, and we will affirm the trial court’s dismissal.

Mr. Taylor is incarcerated in the Gib-Lewis Unit of the Texas Department of Criminal Justice’s Institutional Division. On September 9, 2009, Mr. Taylor filed a “Motion for Hate Crime Reporting,” requesting an injunction against TDCJ officials, for their prejudicial behavior in failing to create an individualized meal-schedule and to organize specialized food preparations to accommodate Mr. Taylor’s religious practices. The trial court referred the case to the Attorney General’s Office for determination whether Mr. Taylor had complied with the requirements for an inmate litigation under Texas Civil Practice and Remedies Code Chapter Fourteen. See Tex.Civ.Prac.&Rem.Code Ann. § 14.002 (Vernon 2002). In his subsequent “Motion for Leave To File For Petition For Civil Rights Complaint,” Mr. Taylor sought “actual damage in the amount of pursuant, to Five-hundred-thousand dollars ($500,000.00) in United States of America currency,” for his alleged injuries, in addition to $25,000, in punitive damages from each of the individually names defendants.

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