Del Ray Sanders v. District Clerk

• Court: Court of Appeals of Texas
• Decided: April 5, 2018
• Docket: 09-18-00025-CV
• Status: Published

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

1 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.