OPINION NUNC PRO TUNC

This appeal has been pending since September 9, 2009. By letter dated September 22, 2009, we directed appellant to pay the $175 filing fee within ten days. We cautioned appellant that if he failed to comply with the Court’s instruction, the appeal would be dismissed. Nevertheless, to date, appellant has not paid the $175 filing fee. Accordingly, we DISMISS the appeal. See Tex.R.App. P. 42.3(c).