Summary Calendar RANDALL BYARS v. Washington Mutual Bank; Select Portfolio Servicing Inc; Db Structured Products Inc

08-10070Court of Appeals for the Fifth Circuit17 dic 2008

Testo completo

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 08-10070
Summary Calendar
RANDALL BYARS
Plaintiff - Appellant
v.
WASHINGTON MUTUAL BANK; SELECT PORTFOLIO SERVICING INC;
DB STRUCTURED PRODUCTS INC
Defendants - Appellees
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:07-CV-322
Before REAVLEY, WIENER, and PRADO, Circuit Judges.
PER CURIAM:*
Plaintiff Randall Byars asks the court to give him a chance to prove his
case, but he has given this court and the district court no notice of what is his
case. He filed no objection to the motion for summary judgment and he raises
no point or argument objecting to the district court’s judgment. This court must
follow the requirement of Rule 28 of the Federal Rules of Appellate Procedure
United States Court of Appeals
Fifth Circuit
F I L E D
December 17, 2008
Charles R. Fulbruge III
Clerk

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No. 08-10070
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that appellants state and brief argument on each issue of complaint about the
trial court’s judgment. For this reason this court must dismiss the appeal for
want of prosecution. See Grant v. Cuellar, 59 F.3d 523 (5th Cir. 1995).
DISMISSED.

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