IN THE

TENTH COURT OF APPEALS

No. 10-01-052-CV

     CARL GILES,

                                                                              Appellant

     v.

     STATE OF TEXAS DEPARTMENT

     OF MENTAL HEALTH AND

     MENTAL RETARDATION,

     WACO CENTER FOR YOUTH,

                                                                              Appellee

From the 74th District Court

McLennan County, Texas

Trial Court # 97-1126-3

MEMORANDUM OPINION

      Carl Giles filed a notice of appeal on December 8, 2000. The clerk’s record was filed on February 13, 2001. The court reporter notified us that Giles had not paid for the record to be prepared for appeal, and we notified Giles that his failure to pay or make arrangements to pay for the reporter’s record would result in the submission of this appeal on the clerk’s record alone. We received no response. The time has passed for Giles to file a brief and he has not filed a brief nor a motion for extension of time to file the brief.

      On June 29, we informed Giles 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 Giles since February. Accordingly, we dismiss the appeal for want of prosecution. Id. 38.8(a)(1). Costs are taxed against Giles.

                                                                         PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Dismissed for want of prosecution

Opinion delivered and filed August 15, 2001

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