Charles W. Tidwell v. Hayden J. Dees, Associate Warden, Louisiana State Penitentiary

PER CURIAM: In this pro se Civil Rights action Tidwell sought $150,000 damages in connection with his confinement at the Louisiana State Penitentiary. The district court dismissed the action for failure to state a claim under 42 U.S.C. § 1983, and an appeal was lodged with this Court. After proper notification to the appellant of the provisions of Local Rule 9(c) (2) 1 , the Clerk has referred the *1298 case to the Court for a determination of whether the appeal should be further processed in view of the appellant’s failure to file a brief in accordance with Rule 31, F.R.A.P. We believe it appropriate in this case to dismiss the appeal for want of prosecution under Local Rule 9(b). Appeal dismissed. Footnotes [1] Rule 9(c) (2) provides that: “In habeas corpus cases and cases filed pursuant to 28 U.S.C. § 2255 and other prisoner matters, where appellant is not represented by counsel on appeal and there has been a failure to file a brief on behalf of appellant, such appeal shall not be dismissed but the Clerk *1298 shall refer the case to the Court for its direction as to the further processing of the appeal and for such other action as the Court may deem appropriate.”