                            NUMBER 13-12-00637-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

JIM HAMILTON, TDCJ# 1079035,                                                Appellant,

                                           v.

BRAD LIVINGSTON, ET AL.,                           Appellees.
____________________________________________________________

              On appeal from the 36th District Court
                     of Bee County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION
             Before Justices Rodriguez, Benavides, and Longoria
                      Memorandum Opinion Per Curiam

      The appellant's brief in the above cause was originally due on January 16, 2013.

Appellant has previously requested and received two prior extensions of time to file the

brief. On April 26, 2013, this Court ordered the appellate brief to be filed on or before

May 24, 2013. The order notified counsel that no further extensions would be granted

and that if the brief was not filed, the appeal was subject to dismissal for want of
prosecution under Texas Rule of Appellate Procedure 38.8(a)(1), unless appellant

reasonably explained the failure and the appellees were not significantly injured by the

appellant's failure to timely file a brief.

       Instead of filing the brief, appellant filed a third motion for extension of time to file

the brief requesting until June 1, 2013, or in the alternative thirty days from the time the

ruling on the motion.       On May 10, 2013, the Court denied appellant’s motion for

extension of time to file the brief.

       Appellant has failed to file his brief. Accordingly, the appeal is DISMISSED FOR

WANT OF PROSECUTION. See TEX. R. APP. P. 38.8(a), 42.3(b),(c).



                                                                         PER CURIAM

Delivered and filed the
13th day of June, 2013.




                                               2
