in Re Bobby Lewayne Thomas, Relator

• Court: Court of Appeals of Texas
• Decided: September 24, 2008
• Docket: 07-08-00333-CV
• Status: Published

Opinion

NO. 07-08-0333-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

SEPTEMBER 24, 2008

______________________________

IN RE BOBBY LEWAYNE THOMAS, RELATOR

_________________________________

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

Relator, Bobby Lewayne Thomas, filed his Application for Writ of Mandamus on

August 14, 2008, contending that the trial court failed to rule on his Motion for Requested

Documents. However, Thomas did not include in the appendix to his application a

“certified or sworn copy of any order complained of, or any other document showing the

matter complained of.” TEX . R. APP. P. 52.3(j)(A). Therefore, it is unknown whether the

trial court was aware of Thomas’s request. Additionally, Thomas did not pay the filing fee

required under Rule 5 of the Texas Rules of Appellate Procedure. By letter from this Court

dated August 18, 2008, we advised Thomas that the “filing fee in the amount of $125.00

did not accompany the captioned original proceeding. Unless the filing fee is paid by Thursday, August 28, 2008, this proceeding will be subject to dismissal.” TEX . R. APP. P.

5. Thomas has not paid the fee as directed nor has he filed an affidavit of indigence. See

TEX . R. APP. P. 20.1.

Accordingly, we deny Thomas’s petition. See In re Chavez, 62 S.W.3d 225

(Tex.App.–Amarillo 2001, orig. proceeding).

Mackey K. Hancock Justice