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In re Thomas

Court of Appeals of Texas, Tenth District, Waco
May 29, 2003
No. 10-03-164-CV (Tex. App. May. 29, 2003)

Summary

striking petition

Summary of this case from In re Ryan

Opinion

No. 10-03-164-CV.

Opinion delivered and filed May 29, 2003.

Original Proceeding.

Before Chief Justice Davis, Justice Vance, and Justice Gray (Justice Vance concurred with the following note: "I would have invoked Rule of Appellate Procedure 2 and denied the petition on its merits. I would also retain the original petition in the court's file.")


MEMORANDUM OPINION


We strike inmate Dan Thomas's petition for writ of mandamus for failure to comply with our letter-notice dated May 16, 2003. Tex.R.App.P. 9.4(i).

We note that Thomas has apparently misinterpreted Lewis v. Johnson, 97 S.W.3d 885 (Tex.App.-Corpus Christi 2003, no pet.), as requiring or authorizing action by this Court. Chapter 14 of the Civil Practice and Remedies Code permits him to file suit within 30 days after he receives notice that his grievance was denied. Tex. Civ. Prac. Rem. Code Ann. § 14.005(b) (Vernon 2002).

The Clerk is directed to return all non-conforming documents to Thomas upon issuance of this opinion by the most expeditious delivery process available.

Petition Struck.


Summaries of

In re Thomas

Court of Appeals of Texas, Tenth District, Waco
May 29, 2003
No. 10-03-164-CV (Tex. App. May. 29, 2003)

striking petition

Summary of this case from In re Ryan
Case details for

In re Thomas

Case Details

Full title:IN RE DAN THOMAS

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: May 29, 2003

Citations

No. 10-03-164-CV (Tex. App. May. 29, 2003)

Citing Cases

In re Ryan

See TEX. R. APP. P. 9.4(i), 9.5; In re Galer, No. 10-04-00134-CR, 2004 Tex. App. LEXIS 7062 (Tex.App.-Waco…