William Earl Cunningham v. Aaron Root

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-04-105 CV

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WILLIAM EARL CUNNINGHAM, Appellant

V.

AARON ROOT, Appellee

On Appeal from the 58th District Court

Jefferson County, Texas

Trial Cause No. A-167,284

MEMORANDUM OPINION

William Earl Cunningham, an inmate in the Texas Department of Criminal Justice, Institutional Division, filed suit against Aaron Root for violation of state law and the Eighth Amendment's prohibition against cruel and unusual punishment. U.S. Const. amend. VIII. Root answered and moved to dismiss the claim as frivolous pursuant to Chapter 14 of the Texas Civil Practices and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. §§ 14.001-.014 (Vernon 2002). Subsequently, the trial court dismissed the suit as frivolous.

The record before this court does not demonstrate Cunningham complied with the requirement of section 14.004 to file an affidavit relating to previous filings, but does contain evidence of other filings by Cunningham. See Tex. Civ. Prac. & Rem. Code Ann. § 14.004 (Vernon 2002). Accordingly, we hold the trial court did not abuse its discretion in dismissing his suit. See White v. State, 37 S.W.3d 562, 565 (Tex. App.--Beaumont 2001, no pet.).

AFFIRMED.

PER CURIAM

Submitted on January 26, 2005

Opinion Delivered February 3, 2005

Before McKeithen, C.J., Kreger, and Gaultney, JJ.