in Re Christopher C. Brantley, Relator
This text of in Re Christopher C. Brantley, Relator (in Re Christopher C. Brantley, Relator) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In The Court of Appeals Seventh District of Texas at Amarillo ________________________
No. 07-18-00421-CV ________________________
IN RE CHRISTOPHER C. BRANTLEY, RELATOR
Original Proceeding Arising From Proceedings Before the 140th District Court Lubbock County, Texas Trial Court No. 2013-437,916; Honorable Jim Bob Darnell, Presiding
January 15, 2019
MEMORANDUM OPINION Before CAMPBELL and PIRTLE and PARKER, JJ.
On November 27, 2018, Christopher C. Brantley, a Texas inmate proceeding pro
se, filed a petition for writ of mandamus seeking to compel the Honorable Jim Bob Darnell,
Judge of the 140th District Court of Lubbock County, to respond to his motion for an
inquiry into whether he was illegally indicted. By letter on November 30, this court advised
Brantley that the required filing fee of $155 did not accompany the filing of his petition.
We directed him to pay the required filing fee or, in lieu thereof, to comply with chapter 14 of the Texas Civil Practice and Remedies Code by filing a statement of inability to afford
payment of court costs, a separate affidavit relating to his previous filings, and a certified
copy of his inmate trust account statement. See TEX. CIV. PRAC. & REM. CODE ANN. §§
14.002(a), 14.004 (West 2017). We further advised that if he did not comply by December
10, this proceeding was subject to dismissal without further notice.
On December 12, we granted Brantley an extension to January 9, 2019, to file a
response. Brantley has since filed an affidavit of indigence and a certified copy of his
inmate trust account statement. However, to date, Brantley has not filed an affidavit or
declaration describing his previous filings. See TEX. CIV. PRAC. & REM. CODE ANN. §
14.004(a), (b) (requiring an affidavit or a declaration stating the operative facts, case
name, cause number, court, parties named, and the result of each action previously
brought).
Unless a party is excused from paying a filing fee, the clerk of this court is required
to collect filing fees set by statute or the Supreme Court when an item is presented for
filing. See TEX. R. APP. P. 5, 12.1(b). An inmate who files an affidavit or declaration of
inability to pay costs in an appeal or original proceeding must also comply with chapter
14 of the Texas Civil Practice and Remedies Code. See TEX. CIV. PRAC. & REM. CODE
ANN. § 14.002(a). An inmate’s failure to comply with chapter 14 is grounds for dismissal
of the appeal or original proceeding. See In re Johnson, No. 07-16-00354-CV, 2016 Tex.
App. LEXIS 11841, at *2 (Tex. App.—Amarillo Nov. 1, 2016, orig. proceeding) (per
curiam) (mem. op.) (dismissing inmate’s petition for writ of mandamus for failure to pay
the filing fee or submit the materials required to proceed under chapter 14).
2 Because Brantley has failed to pay the filing fee or comply with chapter 14 of the
Texas Civil Practice and Remedies Code within the time provided by this court for
compliance, we dismiss this original proceeding.
Per Curiam
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