Opinion filed September 6, 2007

                                                                        In The

    Eleventh Court of Appeals

                                                                   __________

                                                          No. 11-07-00172-CV

                                                    __________

                                        SHANNON DAY, Appellant

                                                             V.

                                        STATE OF TEXAS, Appellee

                                        On Appeal from the 142nd District Court

                                                         Midland County, Texas

                                                Trial Court Cause No. CV-45,328

                                             M E M O R A N D U M   O P I N I O N

On June 7, 2007, the trial court signed the order denying Shannon Day=s pro se petition to expunge his records.  Day filed his notice of appeal on June 22, 2007.  Day did not file an affidavit of inability to pay costs on appeal at that time.

In letters dated June 27, 2007, July 13, 2007, and August 6, 2007, the clerk of this court notified Day that, because an affidavit in compliance with Tex. R. App. P. 20.1(c)(1) had not been filed, Day was required to file the requisite filing fee.  In the August 6 letter, Day was directed to file the required fee on or before August 17, 2007.  Day has responded by filing an affidavit of inability  to pay costs.  However, the affidavit is not timely.  Day has failed to comply with both Rule 20.1(c)(1) and this court=s August 17 directive.

The appeal is dismissed.

PER CURIAM

September 6, 2007

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.