John Douglas Mitchell Jr. v. Orange County

• Court: Court of Appeals of Texas
• Decided: October 21, 2021
• Docket: 09-21-00191-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-21-00191-CV __________________

JOHN DOUGLAS MITCHELL JR., Appellant

V.

ORANGE COUNTY, ET AL, Appellees

__________________________________________________________________

On Appeal from the 128th District Court Orange County, Texas Trial Cause No. A190080-T __________________________________________________________________

MEMORANDUM OPINION

John Douglas Mitchell Jr., Appellant, filed a notice of appeal with the trial

court on June 28, 2021. Despite written notice from this Court and an opportunity to

cure, to date, Appellant has neither asserted that he is unable to afford payment of

costs for the appeal nor paid the filing fee for the appeal. See Tex. R. App. P. 5, 20.1.

In addition, no clerk’s record has been filed, and the clerk responsible for preparing

the record in this appeal informed the Court that Appellant failed to arrange to pay

for the record. See Tex. R. App. P. 37.3(b).

1 On July 26, 2021, we notified the parties that it appeared appellant had not

established indigent status for the appeal and warned that the appeal would be

dismissed for want of prosecution unless by August 26, 2021, appellant established

that he had arranged to pay the fees he is required to pay or that he needed additional

time to do so. See Tex. R. App. P. 37.3(b), 42.3(b). On August 13, 2021, we warned

Appellant that the appeal would be dismissed without further notice unless he paid

the filing fee for the appeal by August 23, 2021. On September 9, 2021, we mailed

a copy of a form statement of inability to pay costs to the appellant and informed

him that if he sought to appeal without advance payment of costs, he would also

need to file an inmate trust account statement and an affidavit of previous filings.

Appellant failed to respond to the Court’s notices. See Tex. R. App. P. 42.3(c). We

dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b), 42.3, 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on October 20, 2021 Opinion Delivered October 21, 2021

Before Golemon, C.J., Kreger and Johnson, JJ.