Opinion
No. 04-16-00181-CV
05-04-2016
THREE THOUSAND FOUR HUNDRED FORTY-FIVE DOLLARS ($3,445.00) UNITED STATES CURRENCY, Appellant v. THE STATE OF TEXAS, Appellee
From the 57th Judicial District Court, Bexar County, Texas
Trial Court No. 2014-CI-08281
Honorable Larry Noll, Judge Presiding
ORDER
Appellant Jason W. Harrell a/k/a Jason Borg, an inmate acting pro se, asserted he is indigent and cannot pay costs of court.
On April 18, 2016, we ordered Appellant to file in this court by May 18, 2016, (1) a separate affidavit 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 Supp. 2015). We warned Appellant that his affidavit must meet the applicable statutory requirements. E.g., id. § 14.004(a) (affidavit of actions); id. § 14.004(b) (dispositions). 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) (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).
On May 2, 2016, Appellant timely filed an affidavit of inability to pay that included a certified statement of his inmate account. Our April 18, 2016 order pertaining to establishing indigence is satisfied.
However, Appellant failed to provide any affidavit of previous actions or dispositions. Contra TEX. CIV. PRAC. & REM. CODE ANN. § 14.004(a),(b). We ORDER Appellant to file the affidavits required by sections 14.004(a) (prior actions) and 14.004(b) (dispositions) in this court within FIFTEEN DAYS of the date of this order. If Appellant fails to file the affidavits as ordered this appeal will be dismissed without further notice.
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 4th day of May, 2016.
/s/_________
Keith E. Hottle
Clerk of Court