Opinion issued November 14, 2013

In The Court of Appeals For The First District of Texas ———————————— NO. 01-12-00884-CV ——————————— JAMES P. BURNS, Appellant V. PAUL M. SIMON, INDIVIDUALLY, AND BRAD LIVINGSTON, EXECUTIVE DIRECTOR OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE-CID, Appellees

On Appeal from the 412th District Court Brazoria County, Texas Trial Court Case No. 69146I

MEMORANDUM OPINION Appellant, James P. Burns, has failed to timely file a brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief), 38.8(a) (governing failure of appellant to file brief). After being notified that this appeal was subject to dismissal, appellant did not respond. See TEX. R. APP. P. 42.3(b) (allowing involuntary dismissal of case).

We dismiss the appeal for want of prosecution for failure to timely file a brief. We dismiss any pending motions as moot.

PER CURIAM Panel consists of Justices Keyes, Higley, and Massengale.