Kenneth W. Price, Jr. v. State of Texas--Appeal from 52nd District Court of Coryell County

IN THE

TENTH COURT OF APPEALS

No. 10-01-194-CV

KENNETH W. PRICE, JR.,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court # COT-01-33490

MEMORANDUM OPINION

Kenneth W. Price, Jr., who is indigent and incarcerated in a Texas prison, filed a pro se appeal from an order dated April 3, 2001, dismissing his civil suit for failure to state cause of action. The clerk s record was filed on June 15. There is no reporter s record.

Price has not filed a brief. On December 17, 2001, we informed Price that this cause would be dismissed for want of prosecution unless he or any party desiring to continue the appeal filed a response showing grounds for continuing the appeal. Tex. R. App. P. 38.8(a)(1). We have not received a response.

Appellate Rule 38.8(a)(1) provides that if an appellant fails to timely file a brief, the Court may:

dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant s failure to timely file a brief.

Id. 38.8(a)(1).

We have not received any communication from Price since August. Accordingly, we dismiss the appeal for want of prosecution. Id. 38.8(a)(1). Costs are taxed against Price. Tex. R. App. P. 43.4.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed for want of prosecution

Opinion delivered and filed January 23, 2002

Do not publish

[CV06]