Dismissed and Opinion filed October 31, 2002.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-00832-CV

____________

JOHNNY ALAN NECESSARY, Appellant

V.

TEXAS TECHNICAL MEDICAL BRANCH, UNIVERSITY OF TEXAS MEDICAL BRANCH, TEXAS DEPARTMENT OF CRIMINAL

JUSTICE C INSTITUTIONAL DIVISION, and STATE OF TEXAS, Appellees

On Appeal from the 278th District Court

Walker County, Texas

Trial Court Cause No. 21,693-C

M E M O R A N D U M   O P I N I O N

This is an appeal from an order of dismissal signed July 30, 2002.  The notice of appeal was filed on August 5, 2002.  To date, the filing fee of $125.00 has not been paid.  No proper affidavit of indigence was filed with or before the notice of appeal.  See Tex. R. App. P. 20.1.  Therefore, on October 10, 2002, the Court issued an order stating that unless appellant paid the appellate filing fee of $125.00 within fifteen days of the date of the order, the appeal would be dismissed. 

The filing fee has not been paid, and appellant has not responded to the Court=s order of October 10, 2002.

Accordingly, the appeal is ordered dismissed.  See Tex. R. App. P. 42.3(c).  All pending motions are denied as moot.

PER CURIAM

Judgment rendered and Opinion filed October 31, 2002.

Panel consists of Chief Justice Brister and Justices Hudson and Fowler.

Do Not Publish C Tex. R. App. P. 47.3(b).