Opinion
No. 04-16-00266-CV
07-27-2016
David Allan EDWARDS, Appellant v. SHERIFF OF ATASCOSA COUNTY, et al., Appellees
MEMORANDUM OPINION
From the 81st Judicial District Court, Atascosa County, Texas
Trial Court No. 12-02-0185-CVA
Honorable Russell H. Wilson, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice DISMISSED
Appellant David A. Edwards, an indigent inmate acting pro se in a civil suit, filed a notice of appeal with this court, but he failed to file an accompanying affidavit or unsworn declaration relating to his previous suits. On June 9, 2016, we ordered him to file a separate affidavit or unsworn declaration listing the previous pro se actions he has brought. See TEX. CIV. PRAC. & REM. CODE ANN. § 14.004 (West Supp. 2015). In our order, we warned Appellant that if he failed to comply with the statutory requirements, we could dismiss his appeal without further notice.
Because Appellant failed to comply with the statute and our order, we dismiss this appeal.
BACKGROUND
On April 28, 2016, appellant David A. Edwards, an inmate acting pro se in a civil suit, filed a notice of appeal with this court. Appellant's notice of appeal states he is indigent; as proof, he provides a copy of this court's letter notifying others that he was indigent for purposes of appeal number 04-14-00612-CV. Appellant requests free copies of the reporter's records for hearings on February 3, 2016, and February 18, 2016. He also states he is currently incarcerated, and his notice shows his return address as the Ellis Unit of the Texas Department of Criminal Justice—Institutional Division in Huntsville, Texas. In his letter of May 31, 2016, filed on June 3, 2016, Appellant again asserts he is indigent and requests free copies of the reporter's records.
Because Appellant is an inmate and asserts he cannot pay costs in his civil suit, on June 9, 2016, we ordered Appellant to file in this court by July 11, 2016, (1) a separate affidavit or unsworn declaration listing the previous pro se actions he has brought and (2) a certified copy of his inmate trust account statement. See id. § 14.002(a) (applying affidavit and other requirements to inmate appeals effective January 1, 2012); id. § 14.004 (requiring a pro se inmate asserting inability to pay costs to file a detailed list of previous pro se actions and a certified copy of the inmate's trust account statement); Rodarte v. Beneficial Texas, Inc., 482 S.W.3d 246, 248 (Tex. App.—San Antonio 2015, pet. denied). We advised Appellant that his affidavit and certified statement must be timely filed and must meet the applicable statutory requirements. E.g., TEX. CIV. PRAC. & REM. CODE ANN. § 14.004(a) (affidavit of actions); id. § 14.004(b) (dispositions); id. § 14.004(c) (account statement). We also warned Appellant that this court could dismiss this appeal without further notice if Appellant failed to timely file the statutorily required documents. Cf. Douglas v. Moffett, 418 S.W.3d 336, 340 (Tex. App.—Houston [14th Dist.] 2013, no pet.) (dismissing an appeal where an inmate failed to comply with Chapter 14 requirements); Amir-Sharif v. Mason, 243 S.W.3d 854, 857 (Tex. App.—Dallas 2008, no pet.) (recognizing that a trial court may dismiss an indigent inmate's suit without notice or hearing for failing to file the previous actions affidavit).
APPELLANT'S RESPONSE
On June 30, 2016, Appellant filed an application to proceed in forma pauperis and a certified copy of his inmate trust account. He did not file an affidavit or unsworn declaration providing the statutorily required information. Contra TEX. CIV. PRAC. & REM. CODE ANN. § 14.004(a) (requiring affidavit of actions); id. § 14.004(b) (requiring list of dispositions).
DISPOSITION OF APPEAL
"The requirement to file the affidavit relating to previous filings is mandatory, and failure to file the affidavit is grounds alone to dismiss the suit." Rodarte, 482 S.W.3d at 248 (quoting Amir-Sharif, 243 S.W.3d at 858). Appellant was required to file a separate affidavit or unsworn declaration containing all the information required by the statute. See Rodarte, 482 S.W.3d at 248; Amir-Sharif, 243 S.W.3d at 858. Even after he was warned, Appellant failed to provide the information required by statute and ordered by this court. See TEX. CIV. PRAC. & REM. CODE ANN. § 14.004; Rodarte, 482 S.W.3d at 248; Amir-Sharif, 243 S.W.3d at 857.
Because Appellant failed to provide an affidavit of previous filings, we conclude the underlying cause is frivolous. See Rodarte, 482 S.W.3d at 248 (quoting Douglas, 418 S.W.3d at 340. Appellant's motions for free reporter's records are denied, and this appeal is dismissed.
PER CURIAM