Opinion issued December 14, 2006

In The

Court of Appeals

For The

First District of Texas

NO. 01-06-00728-CV

RICHARD WILLIAM PAYNE, Appellant

V.

TDCJ CLASSIFICATION RECORDS OFFICE, Appellee

On Appeal from the 281st District Court

Harris County, Texas

Trial Court Cause No. 2004-32455

MEMORANDUM OPINION Appellant Richard William Payne has neither established indigence, nor paid all the required fees. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent), 20.1 (listing requirements for establishing indigence); see also Tex. Gov't Code Ann. §§ 51.207, 51.941(a), 101.041 (Vernon Supp. 2006) (listing fees in court of appeals); Fees Civ. Cases B(1), (3) (listing fees in court of appeals). After being notified that this appeal was subject to dismissal, appellant **did not adequately respond. See Tex. R. App. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case).

The appeal is dismissed for nonpayment of all required fees. All pending motions are denied.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Higley.