Court of Civil Appeals of Texas, 2015

John Henry Boykin v. C. Tauss, L. Ruzicka, and F. Rangel Members of Texas Board of Paroles In Their Individual Capacities

John Henry Boykin v. C. Tauss, L. Ruzicka, and F. Rangel Members of Texas Board of Paroles In Their Individual Capacities
Court of Civil Appeals of Texas · Decided September 16, 2015

John Henry Boykin v. C. Tauss, L. Ruzicka, and F. Rangel Members of Texas Board of Paroles In Their Individual Capacities

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: John Henry Boykin v. C. Tauss, L. Ruzicka, and F. Rangel; Members of Texas Board of Paroles, in their Individual Capacities Appellate case number: 01-15-00413-CV Trial court case number: 81239-I Trial court: 412th Judicial District Court of Brazoria County On May 4, 2015, appellant, John Henry Boykin, filed an affidavit of indigence in the trial court in the above-referenced matter. See TEX. R. APP. P. 20.1(c)(1). On May 15, 2015, appellant filed a motion to appeal as indigent in this Court. This Court referred the affidavit to the trial court. See TEX. R. APP. P. 20.1(c). On June 24, 2015, the district clerk notified this Court 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. See TEX. R. APP. P. 20.1(f), (n). Appellant’s motion to appeal as indigent is denied as moot.

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 TEX. R. APP. P. 20.1(k).

Appellant’s brief is ORDERED filed with this Court within 60 days of the date of this order. See TEX. R. APP. P. 38.6(a). Appellee’s brief, if any, must be filed within 90 days of the date of this order. See TEX. R. APP. P. 38.6(b).

It is so ORDERED.

Judge’s signature: /s/ Harvey Brown  Acting individually  Acting for the Court

Date: September 15, 2015

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