Court of Civil Appeals of Texas, 2018

Del Ray Sanders v. District Clerk

Del Ray Sanders v. District Clerk
Court of Civil Appeals of Texas · Decided April 5, 2018

Del Ray Sanders v. District Clerk

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00025-CV ____________________ DEL RAY SANDERS, Appellant V. DISTRICT CLERK, Appellee _______________________________________________________ ______________ On Appeal from the 258th District Court Polk County, Texas Trial Cause No. CIV31476 ________________________________________________________ _____________ MEMORANDUM OPINION Del Ray Sanders, Appellant, petitioned the trial court for a writ of mandamus to “issue service of process” of what Sanders referenced as a “Truth Affidavit in accord [sic] [with] the law governing redress before suit” upon three individuals.

The trial court denied the petition. Appellant filed a notice of appeal.

Upon receiving the notice of appeal, we provided the Appellant with a cost bill and a standard form for a statement of inability to pay costs. See Tex. R. App. P. 5, 20.1. We then received an unsworn declaration of inability to pay costs from Appellant. See Tex. R. App. P. 20.1(c). On February 9, 2018, we notified Appellant that as an inmate requesting to proceed without prepayment of cost, he must submit a current inmate’s account statement and a declaration of previous filings. See Tex. Civ. Prac. & Rem. Code Ann. §§ 14.002, 14.004, 14.006(f) (West 2017). Appellant failed to timely file an inmate’s account statement and a declaration of previous filings within the time required by the notice. Accordingly, the appeal is dismissed.

See Tex. R. App. P. 42.3(c).

APPEAL DISMISSED.

________________________________ LEANNE JOHNSON Justice

Submitted on April 4, 2018 Opinion Delivered April 5, 2018 Before Kreger, Horton, and Johnson, JJ.

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