                         NUMBER 13-10-00651-CV

                           COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

BOBBY KELLY, TDCJ-CID #626124,                                             Appellant,

                                          v.

ERNEST GUTERREZ, JR., ET AL.,                      Appellees.
____________________________________________________________

             On appeal from the 343rd District Court
                     of Bee County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION
                Before Justices Rodriguez, Vela, and Perkes
                     Memorandum Opinion Per Curiam

      Appellant, Bobby Kelly, filed an appeal from an order entered by the 93rd District

Court of Bee County, Texas, in cause number B-09-1241-CV-C. Appellant has filed a

motion to voluntarily dismiss the appeal on grounds he no longer wants to prosecute the

appeal. Appellant requests that this Court dismiss the appeal.
      The Court, having considered the documents on file and appellant’s motion to

dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP.

P. 42.1(a).   Appellant’s motion to dismiss is granted, and the appeal is hereby

DISMISSED. Costs will be taxed against appellant. See TEX. R. APP. P. 42.1(d) ("Absent

agreement of the parties, the court will tax costs against the appellant.").     Having

dismissed the appeal at appellant’s request, no motion for rehearing will be entertained,

and our mandate will issue forthwith.



                                               PER CURIAM

Delivered and filed the
13thday of October, 2011.




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