Willie D. Rogers v. Texas Department of Criminal Justice

IN THE

TENTH COURT OF APPEALS

 

No. 10-07-00152-CV

Willie D. Rogers,

                                                                                    Appellant

 v.

Texas Department of Criminal Justice,

                                                                                    Appellee

From the 12th District Court

Walker County, Texas

Trial Court No. 23514

MEMORANDUM  Opinion

            No brief has been filed for Appellant, Willie D. Rogers.  In a letter dated December 5, 2007, the Clerk of this Court notified Rogers that pursuant to Rules 38.8(a)(1) and 42.3 of the Texas Rules of Appellate Procedure, the Court may dismiss this appeal for want of prosecution unless, within 21 days of this letter, Rogers or any party desiring to continue the appeal files with this Court a response showing grounds for continuing the appeal.

            More than 21 days have passed and we have not received a response from Rogers or any other party.  This appeal is dismissed.  Tex. R. App P. 42.3(b).

            Absent a specific exemption, the Clerk of the Court must collect filing fees at the time a document is presented for filing.  Tex. R. App. P. 12.1(b); Appendix to Tex. R. App. P., Order Regarding Fees (July 21, 1998).  See also Tex. R. App. P. 5; 10th Tex. App. (Waco) Loc. R. 5; Tex. Gov’t Code Ann. § 51.207(b) (Vernon 2005).  Under these circumstances, we suspend the rule and order the Clerk to write off all unpaid filing fees in this case.  Tex. R. App. P. 2. 

                                                                                    TOM GRAY

                                                                                    Chief Justice

Before Chief Justice Gray,

            Justice Vance, and

            Justice Reyna

Appeal dismissed

Opinion delivered and filed January 23, 2007

[CV06]