IN THE TENTH COURT OF APPEALS No. 10-13-00128-CR GARY WAYNE MCGRUDER, Appellant v. THE STATE OF TEXAS, Appellee

From the 272nd District Court Brazos County, Texas Trial Court No. 06-03839-CRF-272

MEMORANDUM OPINION

Gary Wayne McGruder attempts to appeal from a denial of his writ of habeas corpus filed in the Court of Criminal Appeals. By letter dated May 2, 2013, the Clerk of this Court notified McGruder that the appeal was subject to dismissal because there was not an order that was final and appealable in this Court. The Clerk also warned McGruder that the appeal would be dismissed unless, within 21 days of the date of the letter, a response was filed showing grounds for continuing the appeal. See TEX. R. APP. P. 44.3. We received a response from McGruder; however, it does not provide grounds for continuing the appeal.

Accordingly, this appeal is dismissed.

AL SCOGGINS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed June 6, 2013 Do not publish [CR25]

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