Opinion issued December 3, 2009

In The

Court of Appeals

For The

First District of Texas

NO. 01-07-00710-CV

DONALD RAY MCCAFFREY, JR., Appellant

V.

TEXAS BOARD OF PARDONS AND PAROLES, ET AL., Appellee

On Appeal from the 113th District Court

Harris County, Texas

Trial Court Cause No. 2007-43673

MEMORANDUM OPINION Appellant 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 (Vernon 2005), 51.208 (Vernon Supp. 2009); 51.941(a) (Vernon 2005), 101.041 (Vernon Supp. 2009) (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 for not paying the filing fee, appellant Donald Ray McCaffrey, Jr. did not adequately respond. See Tex. R. App. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case).

We dismiss the appeal for nonpayment of all required fees. We deny all pending motions.

PER CURIAM

Panel consists of Justices Keyes, Alcala, and Hanks.