in Re: R. Wayne Johnson

Opinion issued September 3, 2004









In The

Court of Appeals

For The

First District of Texas





NO. 01–03–01329–CV





IN RE R. WAYNE JOHNSON





Original Proceeding on Petition for Writ of Mandamus





MEMORANDUM OPINIONRelator R. Wayne Johnson has failed to timely file a petition conforming to the Texas Rules of Appellate Procedure. See Tex. R. App. P. 9.4(i) (failure to file conforming documents). After being notified that this original proceeding was subject to dismissal, relator R. Wayne Johnson did not adequately respond. See Tex. R. App. P. 42.3(b) (allowing involuntary dismissal of case).

          The original proceeding is dismissed for want of prosecution for failure to timely file a conforming petition. All pending motions are denied.

PER CURIAM

Panel consists of Justices Nuchia, Alcala, and Hanks.