COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-04-361-CV

CURTIS R. FRANCIS                                                              APPELLANT

V.

TEXAS DEPARTMENT OF CRIMINAL                                         APPELLEES

JUSTICE-INSTITUTIONAL DIVISION,

RICHARD WARDEN, DELORES

THORNTON, AND JASON

HARDEGREE

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FROM THE 78TH DISTRICT COURT OF WICHITA COUNTY

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MEMORANDUM OPINION¹ AND JUDGMENT

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        On December 14, 2004, we notified appellant, in accordance with rule of appellate procedure 42.3(c), that we would dismiss this appeal unless the $125 filing fee was paid. Tex. R. App. P. 42.3(c). Appellant has not paid the $125 filing fee.  See Tex. R. App. P. 5, 12.1(b).

        Because appellant has failed to comply with a requirement of the rules of appellate procedure and the Texas Supreme Court's order of July 21, 1998,² we dismiss the appeal.  See Tex. R. App. P. 42.3(c), 43.2(f).

        Appellant shall pay all costs of this appeal, for which let execution issue.  See Tex. R. App. P. 5.

                                                                  PER CURIAM

PANEL D: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.

DELIVERED: January 27, 2005

NOTES

1.  See Tex. R. App. P. 47.4.

2.  July 21, 1998 “Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals,” 971-972 S.W.2d (Tex. Cases) XXXVIII (1998).