Opinion
No. 04-17-00394-CV
08-22-2017
Jordan Bautista GUNTER, Appellant v. CITY OF PEARSALL, ET AL, Appellees
From the 81st Judicial District Court, Frio County, Texas
Trial Court No. 17-01-00015CVF
Honorable Russell Wilson, Judge Presiding
ORDER
Appellant Jordan B. Gunter, an inmate acting pro se in a civil suit, filed a notice of appeal with this court on June 21, 2017. In the trial court, he alleged he is indigent and moved to proceed without paying costs of court. Appellant's notice of appeal does not state that he is presumed indigent under Rule 20.1(b). Contra TEX. R. APP. P. 20.1(b)(2).
Because Appellant is an inmate and has asserted he cannot pay costs in his civil suit, we withdraw our August 8, 2017 order.
We ORDER Appellant to file in this court within THIRTY DAYS of the date of this order (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 TEX. CIV. PRAC. & REM. CODE ANN. § 14.002(a) (West 2017) (applying affidavit or unsworn declaration and other requirements to inmate appeals); 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).
Appellant's affidavit or unsworn declaration and certified statement must be timely filed and must meet the applicable statutory requirements. E.g., id. § 14.004(a) (affidavit or declaration of actions); id. § 14.004(b) (dispositions); id. § 14.004(c) (account statement).
We warn Appellant that this court may dismiss this appeal without further notice if Appellant fails to timely file the statutorily required documents. Cf. Douglas v. Moffett, 418 S.W.3d 336, 340 (Tex. App.—Houston [14th Dist.] 2013) (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 or declaration).
All other appellate deadlines are SUSPENDED pending further order of this court.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of August, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk