Walter Lee Hall, Jr. v. the Honorable J. David Phillips, in Both His Official and Personal Capacities The Honorable Rosemary Lehmberg, in Her Capacity as District Attorney in and for Travis County And the Honorable Greg Hamilton, in His Capacity as Sheriff in and for Travis Co

• Court: Court of Appeals of Texas
• Decided: April 15, 2011
• Docket: 03-10-00794-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-10-00794-CV

Walter Lee Hall, Jr., Appellant

v.

The Honorable J. David Phillips, in both his Official and Personal Capacities;

The Honorable Rosemary Lehmberg, in her Capacity as District Attorney in and for Travis County; and The Honorable Greg Hamilton, in his Capacity as Sheriff

in and for Travis County, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 419TH JUDICIAL DISTRICT

NO. D-1-GN-10-003787, HONORABLE LORA J. LIVINGSTON, JUDGE PRESIDING

O R D E R

PER CURIAM

Appellant Walter Lee Hall Jr. filed his notice of appeal on November 24, 2010, accompanied by an affidavit of indigence. On January 4, 2011, we sent the district clerk's office a letter inquiring into the status of the clerk's record. To date, the clerk's office has not filed the record. Under the rules of appellate procedure, Hall is deemed to be indigent unless a contest was filed and sustained. See Tex. R. App. P. 20.1(f); see also id. R. 20.1(e) (trial court clerk, court reporter, or party may file contest). We therefore order the clerk's office either to provide proof that a proper and timely contest to Hall's affidavit was filed and sustained or, if no such contest was filed, to prepare and file the record, at no expense to Hall, no later than May 13, 2011.

Before Justices Puryear, Pemberton and Rose

Filed: April 15, 2011