TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00365-CV

Gabriel Fontenette, Jr., Appellant v. Board of Pardons & Paroles and Greg Abbott, Attorney General, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT NO. GN400956, HONORABLE MARGARET A. COOPER, JUDGE PRESIDING

MEMORANDUM OPINION On January 11, 2005, appellant was notified that his brief was overdue and given until January 24, 2005, to respond to our notice. See Tex. R. App. P. 38.8(a)(1) (if appellant fails to file brief or reasonably explain failure, appeal may be dismissed for want of prosecution). To date, we have received no response. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b) (dismissal for want of prosecution); (c) (dismissal for failure to respond to clerk’s notice requiring response within specified time).

W. Kenneth Law, Chief Justice Before Chief Justice Law, Justices B. A. Smith and Puryear Dismissed for Want of Prosecution Filed: February 10, 2005