in Re: Carlo Aguirre

Opinion issued August 19, 2004








In The

Court of Appeals

For The

First District of Texas

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NO. 01-04-00433-CV

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IN RE CARLO AGUIRRE, Relator





Original Proceeding on Petition for Writ of Mandamus





MEMORANDUM OPINION

          Relator Carlo Aguirre filed his petition for writ of mandamus on April 9, 2004 and on May 24, 2004, we struck it because (1) relator had not paid the $75 filing fee and had not established that he was indigent or exempt from paying it and (2) the certificate of service was inadequate. We gave relator until June 28, 2004 to file a conforming petition. By June 28, 2004, relator had not filed a conforming petition. On July 25, 2004 relator filed an amended certificate of service and, to this date, relator has not paid the $75 filing fee, established that he was indigent, or exempt from paying the filing fee.

          Accordingly, we dismiss the proceeding for want of prosecution.

PER CURIAM

Panel consists of Justices Taft, Alcala, and Bland.