Order filed November 29, 2012

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-12-00300-CV

                                                    __________

                     EX PARTE CHARLES CURTISS TAYLOR, JR.

                                   On Appeal from the 414th District Court

                                                        McLennan County, Texas

                                                Trial Court Cause No. 2011-0621-5

                                                                     O R D E R

            Appellant, Charles Curtiss Taylor, Jr., filed a notice of appeal from the trial court’s order of dismissal.  After being notified by the clerk of the transferring court of appeals and the clerk of this court that the filing fee of $175 was due, appellant filed in this court an affidavit of indigence.  See Tex. R. App. P. 20.1.  The district clerk of McLennan County then filed in this court a timely contest to appellant’s affidavit of indigence.  See Rule 20.1(d)(2), (e)(1).  We sustain the contest. 

            Pursuant to Rule 20.1(h), this court may decide the contest based on the affidavit and any other timely filed documents.  Attached to appellant’s affidavit is a certified copy of appellant’s inmate trust account statement for the six-month period ending the month that this appeal was filed.  See Tex. Civ. Prac. & Rem. Code Ann. § 14.006(f) (West 2002).  The statement reflects that appellant’s inmate trust account had an average balance during that six-month period of $306.52 and that $1,700 was deposited into his account during that time period.  The district clerk has estimated the cost of the clerk’s record in this case to be $100.  Appellant has not met his burden of proving that he is indigent and unable to pay costs in this appeal.  Rule 20.1(a)(2), (g).  Accordingly, we sustain the district clerk’s contest. 

            The filing fee of $175 remains due in this court.  Appellant shall also pay or make arrangements to pay for the clerk’s record.  By this order, appellant is granted an extension to December 10, 2012, to pay this court’s filing fee and to make satisfactory arrangements with the district clerk to pay for the clerk’s record.  If appellant makes appropriate arrangements for payment, the clerk’s record is due to be filed in this court on or before December 20, 2012.  If appellant fails to pay the $175 filing fee or make arrangements to pay for the clerk’s record, this appeal may be dismissed.  See Tex. R. App. P. 5, 37.3(b), 42.3. 

                                                                                                PER CURIAM

November 29, 2012

Panel consists of: Wright, C.J.,

McCall, J., and Hill.[1]