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ENRIQUEZ v. LIVINGSTON

Nos. 03-11-00791-CV, 03-11-00792-CV.

400 S.W.3d 610 (2013)

Juan ENRIQUEZ, Appellant v. Brad LIVINGSTON, in his Official Capacity as the Executive Director of the Texas Department of Criminal Justice; Rick Thaler; John Rupert; Brian Tucker; and David Langston, Appellees. Juan Enriquez, Appellant v. Brad Livingston, in his Official Capacity as the Executive Director of the Texas Department of Criminal Justice; Rick Thaler; John Rupert; Brian Tucker; and David Langston, Appellees.

Court of Appeals of Texas, Austin.

March 20, 2013.

Attorney(s) appearing for the Case

Rick Thaler , Director, Texas Department of Criminal Justice, Corrections Institution Division, Brian Tucker , Director, TDCJ Dental Services Corrections Institution Division, Huntsville, TX, Brad Livingston , Executive Director, Texas Department of Criminal Justice, Austin, TX, pro se appellee.

Michael J. Ritter , Assistant Attorney General, Law Enforcement Defense Division, Austin, TX, for appellee.

Juan Enriquez, Tennessee Colony, TX, pro se appellant.

David Langston , Director, Texas Department Criminal Justice, Tennessee Colony, TX, John Rupert , Warden, Texas Department of Criminal Justice, Huntsville, TX, pro se appellee.

Before Chief Justice JONES, Justices PEMBERTON and ROSE.

OPINION

ON MOTION FOR REHEARING

J. WOODFIN JONES, Chief Justice.

We withdraw our opinion and judgment dated November 8, 2012, and substitute the following in its place. The State's motion for rehearing is overruled.

In this appeal, Juan Enriquez challenges the dismissal of his lawsuit for want of prosecution and the denial of his motion to retain and his later motion to reinstate.1

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