NO. 07-01-0095-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A JANUARY 5, 2004 ______________________________

EX PARTE TITUS TERRANCE HICKS _________________________________ FROM THE 223RD DISTRICT COURT OF GRAY COUNTY, TEXAS NO. 32,123; HONORABLE LEE WATERS, JUDGE _________________________________ Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

On March 14, 2001, the clerk of this court received a copy of a Notice of Appeal by which appellant Titus Terrance Hicks, acting pro se, appealed from an order in cause number 32,123 in the 223rd District Court of Gray County. The filing fee was not paid. By letter dated June 14, 2001, the appellate clerk advised appellant that a filing fee had not been received. See TEX . R. APP . P. 5. The clerk’s letter likewise advised that failure to pay the filing fee would subject the appeal to dismissal. See TEX . R. APP . P. 42.3.

The filing fee has not been paid. A brief has not been filed nor any other action taken by appellant to prosecute the appeal.

The appeal is dismissed. See TEX . R. APP . P. 42.3.

Phil Johnson Chief Justice