Thornton Ray Prophet v. Texas Board of Pardons and Paroles

• Court: Court of Appeals of Texas
• Decided: April 29, 2004
• Docket: 14-04-00014-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed April 29, 2004

Dismissed and Memorandum Opinion filed April 29, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00014-CV

THORNTON RAY PROPHET, Appellant

V.

TEXAS BOARD OF PARDONS AND PAROLES, ET AL., Appellees

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 03-37564

M E M O R A N D U M  O P I N I O N

This is an appeal from a judgment signed December 19, 2003.  No clerk=s record has been filed.  The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record. 

On March 31, 2004, notification was transmitted to all parties of the Court's intent to dismiss the appeal for want of prosecution unless, within fifteen days, appellant paid or made arrangements to pay for the record and provided this court with proof of payment.  See Tex. R. App. P. 37.3(b).

On April 12, 2004, appellant filed a response, claiming that he had filed an affidavit of indigence with the trial court.  The record indicates that appellant filed an affidavit of indigence on February 20, 2004.  Rule 20.1 requires an affidavit of indigence to be filed with  or before the notice of appeal is filed.  Tex. R. App. P. 20.1(c)(1).  Appellant=s notice of appeal was filed on January 5, 2004.  The affidavit of indigence did not comply with Rule 2..1(c)(1) because it was not filed with or before the notice of appeal.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed April 29, 2004.

Panel consists of Justices Fowler, Edelman, and Seymore.