COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Nathaniel Jones, III v. Houston Police Department Appellate case number: 01-12-00508-CV Trial court case number: 2012-07137 Trial court: 333rd District Court of Harris County On July 24, 2012, appellant, Nathaniel Jones, III, filed an affidavit of indigence in the trial court in the above-referenced matter. See TEX. R. APP. P. 20.1(a)(2). On August 23, 2012, the district clerk filed a clerk’s record on indigence. The record reflects that no contest to the affidavit of indigence was filed. See TEX. R. APP. P. 20.1(e). Therefore the allegations in the affidavit are deemed true, and appellant is entitled to proceed without advance payment of costs.

See TEX. R. APP. P. 20.1(f).

The Clerk of this Court is ORDERED to make an entry in this Court’s records that appellant is indigent and is allowed to proceed on appeal without advance payment of costs.

It is further ORDERED that the district clerk file with this Court, within 30 days of the date of this order and at no cost to appellant, a clerk’s record containing the items specified in Texas Rule of Appellate Procedure 34.5(a). See TEX. R. APP. P. 20.1(k).

It is further ORDERED that Court Reporter file with this Court, within 30 days of the date of this order and at no cost to appellant, the reporter’s record. See id. Appellant’s brief is ORDERED filed with this Court within 30 days after the later of the date the clerk’s record is filed or the date the reporter’s record is filed. See TEX. R. APP. P. 38.6(a). Appellee’s brief, if any, must be filed within 30 days after the date the appellant’s brief is filed. See TEX. R. APP. P. 38.6(b).

Further, appellant’s motion for extension of time to file brief, filed September 19, 2012, is DISMISSED as moot.

Judge’s signature:/s/ Justice Terry Jennings  Acting individually  Acting for the Court Date: October 1, 2012