












 
 
 
 
 
 
                             NUMBER 13-05-481-CV
 
                         COURT OF APPEALS
 
               THIRTEENTH DISTRICT OF TEXAS
 
                  CORPUS CHRISTI - EDINBURG
_______________________________________________________

 
PAUL
EUGENE MONTIQUE,                                        Appellant,
 
                                           v.
 
TEXAS DEPARTMENT OF CRIMINAL JUSTICE 
CORRECTIONAL
INSTITUTIONS DIVISION AND 
DAVID DIAZ,                                                          Appellees.
_______________________________________________________

 
                  On appeal from the 156th
District Court
                              of Bee
County, Texas.
_______________________________________________________  
                     MEMORANDUM OPINION
 
      Before Chief Justice Valdez and
Justices Yañez and Garza
                       Memorandum Opinion Per
Curiam
 




Appellant, PAUL
EUGENE MONTIQUE, perfected an appeal from a judgment entered by the 156th District Court of Bee County, Texas, in cause
number B-05-1075-CV-B. 
The clerk=s record was filed on September 13, 2005.  The
reporter=s record was filed on August 17, 2005.  Appellant=s brief was due on October 13, 2005.  To date,
no appellate brief has been received.
When the appellant has
failed to file a brief in the time prescribed, the Court may dismiss the appeal
for want of prosecution, unless the appellant reasonably explains the failure
and the appellee is not significantly injured by the appellant=s failure to timely
file a brief.  Tex. R. App. P. 38.8(a)(1).
On October
31, 2005, notice was given to all parties that this appeal was subject to
dismissal pursuant to Tex. R. App. P. 38.8(a)(1).  Appellant was given ten days to explain why
the cause should not be dismissed for failure to file a brief.  To date, no response has been received.
The Court, having
examined and fully considered the documents on file, appellant=s failure to file a
proper appellate brief, this Court=s notice, and
appellant=s failure to respond,
is of the opinion that the appeal should be dismissed for want of
prosecution.  The appeal is hereby
DISMISSED FOR WANT OF PROSECUTION.
PER CURIAM
 
Memorandum Opinion delivered and filed
this the 26th day of
January, 2006
 
 
 

