Donald Ray McCaffrey Jr v. Texas Board of Pardons and Paroles

• Court: Court of Appeals of Texas
• Decided: March 13, 2008
• Docket: 14-07-01090-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed March 13, 2008

Dismissed and Memorandum Opinion filed March 13, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-01090-CV

DONALD RAY McCAFFREY, JR., Appellant

V.

TEXAS BOARD OF PARDONS AND PAROLES, ET AL., Appellees

On Appeal from the 113th District Court

Harris County, Texas

Trial Court Cause No. 2007-60164

M E M O R A N D U M   O P I N I O N

According to information provided to this court, this appeal is from a judgment signed November 19, 2007.  No clerk=s record has been filed.  To date, the filing fee of $175.00 has not been paid.  On January 25, 2008, this court notified appellant that the filing fee was past due.  

Appellant submitted a pauper=s oath to the clerk of this court.  To proceed without the advance payment of costs, appellant is required to file a proper affidavit of indigence in the trial court, and either the claim of indigence is not contested or any contest is not sustained by a written order.  See Tex. R. App. P. 20.1.

On January 17, 2008, the Harris County District Clerk=s office notified this court that appellant filed a pauper=s oath with the trial court, and the trial court denied the request to proceed without advance payment of costs on January 7, 2008.  No appeal was taken from that order.  The District Clerk=s office informed this court that it has notified appellant of the cost for preparation of the record, but that no payment has been received.

On February 14, 2008, this court ordered appellant to pay for preparation of the clerk=s record and pay the appellate filing fee on or before February 29, 2008.  Our order notified appellant of the court=s intention to dismiss the appeal for want of prosecution unless he complied with the order.  See Tex. R. App. P. 37.3(b), 42.3(c).

Appellant has not provided this court with proof of payment for the record, and no clerk=s record has been filed.  The appellate filing fee also has not been paid as required by our February 14, 2008, order.  Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed March 13, 2008.

Panel consists of Chief Justice Hedges and Justices Anderson and Boyce.