Inmate strikes out twice with appeals court

David Yates Feb. 22, 2010, 8:12am

A Jefferson County inmate, who has filed more than four dozen lawsuits during his tenure at the Mark Stiles Unit, saw his case against several employees of the Texas Department of Criminal Justice and the University of Texas Medical Branch dismissed by appellate justices last Thursday.

This is the second time in two years the Texas Ninth District Court of Appeals in Beaumont has rejected an appeal from Anthony Leon Summers.

As the Southeast Texas Record previously reported, Summers' legal pursuit against Texas Attorney General Greg Abbott ended June 26, 2008, as justices affirmed a trial court's ruling that his suit -- alleging murder conspiracy -- was frivolous.

On Feb. 18 justices dismissed a second suit filed by Summers against TDCJ, several employees and UTMB in Galveston.

In his current suit, Summers alleges TDCJ officers made fun of him because he had no friends and withheld essential medical treatment.

In his previous suit, Summers alleged one of his fellow inmates was murdered by department employees.

In 2007 Judge Donald Floyd, 172nd District Court, dismissed the suit as frivolous. A year later, Ninth Court justices issued a memorandum opinion affirming his ruling.

This time around, Judge Floyd dismissed Summers' suit with prejudice, stating in an order that Summers failed to comply with the Texas Civil Code.

Summers appealed the judge's ruling in July 2009.

In a memorandum opinion dismissing the appeal, Chief Justice Steve McKeithen wrote that Summers filed a notice of appeal but failed to file a brief.

"On Nov. 3, 2009, we notified Summers that the brief had not been filed and warned that failure to file a brief could result in a dismissal of the appeal for want of prosecution," the opinion states.

"Summers requested and was granted a final extension but failed to file a brief. On Jan. 21, 2010, we notified Summers that the appeal would be submitted to the Court without oral argument. In the absence of a brief assigning error for appellate review, we dismiss the appeal for want of prosecution."

Appeals Case No. 09-09-00296-CV
Trial case No. E179-002

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