TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00315-CV

Carlos Banks, Appellant v. Texas Department of Family and Protective Services, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 419TH JUDICIAL DISTRICT NO. D-1-FM-07-006157, HONORABLE SCOTT H. JENKINS, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Carlos Banks has filed an unopposed motion requesting this Court to dismiss the instant appeal and issue mandate immediately upon dismissal. We grant the motion and dismiss the appeal. Tex. R. App. P. 42.1(a). We further instruct the clerk of this Court to issue the mandate upon dismissal of the appeal.

__________________________________________ Jan P. Patterson, Justice

Before Justices Patterson, Puryear and Pemberton Dismissed on Appellant’s Motion Filed: September 11, 2009