Opinion
No. 07-17-00434-CV
01-17-2018
IN RE DEWEY MACK EVANS, RELATOR
Original Proceeding Arising From Proceedings Before the 47th District Court Randall County, Texas
Trial Court No. 19,095-A; Honorable Dan L. Schaap, Presiding
MEMORANDUM OPINION
Before CAMPBELL and PIRTLE and PARKER, JJ.
On November 17, 2017, Dewey Mack Evans, an inmate proceeding pro se, filed a petition for writ of mandamus seeking to compel the trial court to provide him with a free copy of the records from his criminal conviction and habeas corpus proceeding. By letter dated November 27, this court advised Evans that the required filing fee of $155 did not accompany the filing of his petition. Said letter directed him to pay the required filing fee or, in lieu thereof, to comply with chapter 14 of the Texas Civil Practice and Remedies Code by filing a statement of inability to afford payment of court costs, a separate affidavit relating to previous filings, and a certified copy of his inmate trust account statement. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 14.002(a), 14.004 (West 2017). We further advised that if he did not comply by December 7, this proceeding was subject to dismissal without further notice.
On December 11, Evans filed a request for an extension of time to file the chapter 14 documents, a declaration of inability to pay costs, and a statement of his Texas Department of Criminal Justice inmate account showing de minimus assets. On December 12, we granted Evans an extension to December 29 to comply with chapter 14 and, in our letter, reminded him that he was required to file a separate affidavit or declaration describing his previous filings. See TEX. CIV. PRAC. & REM. CODE ANN. § 14.004. To date, Evans has not complied with this requirement.
Unless a party is excused from paying a filing fee, the clerk of this court is required to collect filing fees set by statute or the Supreme Court when an item is presented for filing. See TEX. R. APP. P. 5, 12.1(b). An inmate who files an affidavit or declaration of inability to pay costs in an appeal or original proceeding must also comply with chapter 14 of the Texas Civil Practice and Remedies Code. See TEX. CIV. PRAC. & REM. CODE ANN. § 14.002(a). An inmate's failure to comply with chapter 14 is grounds for dismissal of the appeal or original proceeding. See In re Johnson, No. 07-16-00354-CV, 2016 Tex. App. LEXIS 11841, at *2 (Tex. App.—Amarillo Nov. 1, 2016, orig. proceeding) (per curiam) (mem. op.) (dismissing inmate's petition for writ of mandamus for failure to pay the filing fee or submit the materials required to proceed under chapter 14); In re Hereford, No. 07-14-00348-CV, 2014 Tex. App. LEXIS 11521, at *1-2 (Tex. App.—Amarillo Oct. 17, 2014, orig. proceeding) (per curiam) (mem. op.) (holding that inmate's failure to file affidavit of previous filings warranted dismissal of mandamus proceeding).
Because Evans has failed to pay the filing fee or comply with chapter 14 of the Texas Civil Practice and Remedies Code within the time provided by this court for compliance, we dismiss this original proceeding.
Per Curiam