in Re R Wayne Johnson, Relator

Court of Appeals of Texas

in Re R Wayne Johnson, Relator

DecidedFebruary 16, 2007

Docket07-07-00018-CV

StatusPublished

This text of in Re R Wayne Johnson, Relator (in Re R Wayne Johnson, 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.

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in Re R Wayne Johnson, Relator, (Tex. Ct. App. 2007).

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Opinion

NO. 07-07-0018-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

FEBRUARY 16, 2007

______________________________

IN RE R. WAYNE JOHNSON, RELATOR

_______________________________

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

Relator R. Wayne Johnson, an inmate proceeding pro se, filed a Petition for Writ of

Mandamus on January 16, 2007. The petition was not accompanied by the required filing

fee nor an affidavit of indigence. Consequently, by letter dated January 19, 2007, this

Court directed Relator to either pay the fee or file an affidavit of indigence in compliance

with Rule 20.1(b) of the Texas Rules of Appellate Procedure on or before January 31,

2007, noting that failure to do so might result in dismissal. Relator did not cure the defect

after being allowed a reasonable time to do so. See Higgins v. Randall County Sheriff’s

Office, 193 S.W.3d 898, 899 (Tex. 2006). Thus, we must dismiss this proceeding. Accordingly, Relator’s Petition for Writ of Mandamus is dismissed for failure to

comply with a directive of this Court. See Tex. R. App. P. 42.3(c).

Patrick A. Pirtle Justice

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