WITHDRAWN

12-12-01

IN THE

TENTH COURT OF APPEALS

No. 10-01-112-CV

     RUSSELL EUGENE GALER, II,

                                                                              Appellant

     v.

     WARDEN TERRY,

                                                                              Appellee

From the 87th District Court

Freestone County, Texas

Trial Court # 01-069-B

MEMORANDUM OPINION

      Russell Eugene Galer filed what has been construed as a notice of appeal from an order dismissing his cause of action as frivolous under Chapter Fourteen of the Texas Civil Practice and Remedies Code. The clerk’s records were filed in April of 2001. The time for filing Galer’s briefs passed, and we notified him that cause 10-01-112-CV would be dismissed for want of prosecution unless he filed a brief or otherwise showed grounds to continue 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 received no communications from Galer. Accordingly, we dismiss the appeal for want of prosecution. Id. 38.8(a)(1).

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Dismissed for want of prosecution

Opinion delivered and filed October 31, 2001

Do not publish

[CV06]

60; Justice Vance

Motion for Rehearing denied

Order delivered and filed January 14, 2004

Publish