                                      In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-16-00226-CV
                           ____________________

                         AUBRY TOLBERT, Appellant

                                         V.

                     MONTGOMERY COUNTY, Appellee
_______________________________________________________            ______________

                    On Appeal from the 284th District Court
                         Montgomery County, Texas
                       Trial Cause No. 15-08-08795-CV
________________________________________________________             _____________

                          MEMORANDUM OPINION

      Appellant, Aubry Tolbert, filed a notice of appeal from the trial court’s

judgment dated April 21, 2016. The trial court clerk notified the Court of Appeals

that Tolbert was not entitled to appeal without paying fees, and that Tolbert neither

paid for nor made arrangements to pay for preparing the record. On July 20, 2016,

we notified the parties that the appeal would be dismissed if Tolbert failed to pay

for a record. On July 21, 2016, we notified the parties that the appeal would be



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dismissed unless Tolbert remitted the filing fee for the appeal. Tolbert has not

responded to this Court’s notices.

      Appellant did not file an affidavit of indigence on appeal and has not shown

that he is entitled to proceed without paying costs. See Tex. R. App. P. 20.1.

Although given an opportunity to cure, Tolbert failed to make arrangements to pay

for a record supporting any issues that he desires to raise in his appeal. See Tex. R.

App. P. 37.3(b). Furthermore, Tolbert has not responded to our notices. See Tex. R.

App. P. 42.3(c). We dismiss Tolbert’s appeal for want of prosecution. See Tex. R.

App. P. 42.3(b).

      APPEAL DISMISSED.



                                              ________________________________
                                                      HOLLIS HORTON
                                                            Justice



Submitted on August 31, 2016
Opinion Delivered September 1, 2016

Before McKeithen, C.J., Horton and Johnson, JJ.




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