## NO. 12

- 23

- 00113

- CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

AUTHOR JAMES MANNIN G, JR. , APPELLANT

V.

VIACOM CBS, INC. , APPELLEE §

§

§ APPEAL FROM THE 4TH DISTRICT

COURT

RUSK COUNTY, TEXAS

MEMORANDUM OPINION PER CURI

AM

T hi s appeal is being dismissed for failu re to comply wit h t h e Texas R ules of App ellate

Procedure. See T EX

. R. A PP

. P. 42.3 (c)

. On May 5, 2023, Author James Manning, Jr., acting p ro se, filed a notice of appeal from

a dismissal for want of prosecution. That same day , the Clerk of this Court notified Manning

that the no tice of appeal fa iled to contain the inf orma tion specifically r equired by Texas Rule of Appellate Procedure 9.5

. 1 See T EX

. R. A PP

. P. 9.5 ( requiring service on parties )

. 2 The notice

warne d that, unless Manning filed a proper notice of appeal on or before June 5 , the appeal

would be refer red to the Co urt for dismissal. This deadline passed and Manning has not filed a compliant notice of ap peal or otherwise responded to this Court ’ s notice

.

1 P ro se lit igants are held to the same standards as licensed attorneys and must comply with all applicable rules of procedu re; other wise, pro s e li tigants would benefit from an unf air advantage over parties
repr ese nted by counsel

. Muhamm ed v. Plai n s Pipeline, L.P. , No. 12

- 16

- 00189

- CV, 2017 WL 2665180 , at *2 n.3 (Tex. App.

— Tyler June 21, 2017, no pet.) (mem. op.)

.

2 The noti ce of a ppeal also failed to comply with Section 51.017(a) of the Texas Civil Practice and Remedies Code , which requires service on court reporters , and this Court notified Ma nning of said defect

. See T EX

. C IV

. P RA C

. & R EM

. C ODE A NN

. § 51.017(a) (West Supp. 2019) (noti ce of appeal m ust be served on each court reporter responsible for pr eparing reporter ’ s record). However, this case was dismissed for want of prosecution in the court below and the docketing statement reflects that no record was taken ; thu s, we decli ne to dismiss on thi s basis

.Because Manning failed, after notice, to comply with Rule 9.5 , the appeal is dismissed

.

See T EX

. R. A PP

. P. 42.3 (c) (on its own initiative after giving ten days ’ notice to all par ties, appellate court may dismiss appeal if appeal is subject to dismissal be cause appellant failed to comply with a requirement of these rules, a court order, or a notice from the clerk re quiring a response or other action within a specified time).

Opinion delivered June 30 , 2023

. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

## COURT OF APPEALS

TWELFTH COURT OF APPEAL S DISTRICT OF TEXAS

JUDGMENT

JUNE 30 , 2023

NO. 12

- 23

- 00113

- CV

AUTHOR JAMES MANNING, JR. ,

Appellant V. VIACOM CBS, INC. , Appellee

Appea l from the 4th District Court

of Rusk County, Texas (Tr.Ct.No. 2021

- 288 )

THIS CAU SE came on to be heard on the ap pellate re cord, and the same being consider ed, it is the opinion of this Court th at the ap peal should be dismissed

.

It is t herefore ORDERED, ADJ UDG ED a nd DE CREED by this Cou rt t hat this appeal be, and the same is , he reby dism issed ; and that this decision b e certifie d to t he court

below for observance.

By per curiam opinion

. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J