in Re Commitment of Gerard Neil Matzen

• Court: Court of Appeals of Texas
• Decided: October 16, 2014
• Docket: 09-14-00115-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-14-00115-CV ____________________

IN RE COMMITMENT OF GERARD NEIL MATZEN

_______________________________________________________ ______________

On Appeal from the 435th District Court Montgomery County, Texas Trial Cause No. 13-07-07696 CV ________________________________________________________ _____________

MEMORANDUM OPINION

The trial court clerk notified the appellate court that she was unable to file

the record because the appellant is not entitled to appeal without paying the fee,

and the appellant has failed to pay the fee or make arrangements to pay the fee for

preparing the record. State Counsel for Offenders notified the Court that the trial

court sustained the State’s contest to the appellant’s affidavit of indigence after the

appellant disclosed that he had $15,000 on deposit in the Inmate Trust Fund. The

appellant did not challenge the trial court’s ruling on the contest. See Tex. R. App.

P. 20.1(j)(1). We notified the parties that the appeal would be dismissed for want

1 of prosecution unless the appellant either arranged for the trial court clerk to

prepare the record or showed that additional time was needed to file the record. See

Tex. R. App. P. 37.3(b). No response has been filed and the appellant has not

shown that he is entitled to proceed without payment of costs. Id. We dismiss the

appeal for want of prosecution. Id.; see also Tex. R. App. P. 42.3.

APPEAL DISMISSED.

_________________________ STEVE McKEITHEN Chief Justice

Submitted on October 15, 2014 Opinion Delivered October 16, 2014

Before McKeithen, C.J., Horton and Johnson, JJ.