*1 MOTION TO WITHDRAW NOTICE OF APPEAL

TO THE HONORABLE JUDGE AND/OR JUDGES OF SAID COURT: Comes Now, Randy Dale Barnett, Appellant in Pro se and files this his Motion to Withdraw Notice of Appeal, and will show the Court:

I.

Appellant, is an indigent prisoner, and lacks the means to continue to pursue this appeal.

II.

After researching the case law, in this case Appellant concludes that to burden the Court further would be frivolous and un-necessary in the interest of the party's involved. Roder y. Huglois and Luce, 909 S. UK 28 (494 Ctr. 1995).

III.

Appellant wholly agrees to withdraw the appeal in this case and is sure that Appellee would not contest the withdrawal.

PRAYER

WHEREFORE PREMISES, considered, Appellant prays this Court grant this Motion to withdraw the appeal in the above Civil Action.

Respectfully Submitted,

*2

UNSWORN INMATE DECLARATION

I,Randy Dale Barnett,hereby declare under penalty of perjury that the foregoing motion to withdraw this appeal is true and correct to the best of my knowledge, I am an incarcerated inmate in the Telford Unit of TDCJ-ID, located in New Boston,Bowie County, Texas.

Signed this the ${25}^{\text{th}}$ day of June, 2015. $\times$ Rons Bargheth RANDY DALE BARNETT TDCJ-ID#1648039 Telford Unit 3899 State Hwy 98 New Boston, Texas 75570

CERTIFICATE OF SERVICE

I,Randy Dale Barnett,hereby certify that a true and correct carbon copy of the foregoing has been sent via U.S.Mail to Appellee,Mr. Jerry Coyle,at:Coyle Law Firm, P.O.Box 1138,Paris, Texas 75460. Signed this the ${25}^{\text{th}}$ day of June, 2015. $\times$ Randy Beardh RANDY DALE BARNETT TDCJ-ID# 1648039 Telford Unit 3899 State Hwy 98 New Boston, Texas 75570