dissenting.

For the reasons expressed in Brown v. Herald Co., 464 U. S. 928 (1983), we would dismiss the appeal for want of jurisdiction and, treating the papers whereon the appeal would be taken as a petition for writ of certiorari, deny the petition for writ of certio*813rari without reaching the merits of the motion to proceed informa pauperis.

Appeal from Sup. Ct. Tex. Motion of appellant for leave to proceed in forma pauperis denied. Appellant is allowed until October 24, 1988, within which to pay the docketing fee required by Rule 45(a) and to submit a statement as to jurisdiction in compliance with Rule 33 of the Rules of this Court.