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Cite as 2009 Ark. 426 ARKANSAS SUPREME COURT

BRIAN L. MORRIS v.

No. 09-400

APPELLANT

LARRY NORRIS, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION APPELLEE

Opinion Delivered September 17, 2009 APPELLEE STATE’S MOTION TO DISMISS APPEAL [CIRCUIT COURT OF JEFFERSON COUNTY, CV 2009-151, HON. JODI RAINES DENNIS, JUDGE]

MOTION GRANTED; APPEAL DISMISSED.

PER CURIAM In 1999, appellant Brian L. Morris entered a plea of guilty to capital murder. He was sentenced to life imprisonment without parole. In 2009, appellant, who was incarcerated in Jefferson County, filed a pro se petition for writ of habeas corpus in the circuit court in that county. The circuit court denied the petition without a hearing, and appellant has lodged a pro se appeal here from the order. Appellant was advised that his brief-in-chief was due here May 27, 2009. He has not filed a brief nor has he sought leave to file a belated brief. The appellee now asks that the appeal be dismissed for appellant’s failure to pursue the appeal. The motion is granted pursuant to Arkansas Supreme Court Rule 4-5. Motion granted; appeal dismissed.

No briefs filed.

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