Opinion
Appellate case number: 01-16-00105-CV
04-26-2016
Samuel Ricki Hernandez, Jr. v. The State of Texas
ORDER Trial court case number: 13-CV-0806 Trial court: 122nd District Court of Galveston County
On February 9, 2016, appellant, Samuel Ricki Hernandez, Jr., proceeding pro se and incarcerated, filed a notice of appeal from the trial court's order granting the State's motion for final summary judgment against appellant and various jewelry, cash, and other property, in this civil asset forfeiture case. On April 12, 2016, the trial clerk filed the clerk's record in this Court. On April 14, 2016, this Court sua sponte directed the Clerk of this Court to deem appellant indigent for appellate purposes, specifically for the appellate filing fee and the clerk's record fee because there is no reporter's record.
Because it appears that the pro se and incarcerated appellant may not have access to the clerk's record, the Court sua sponte ORDERS the trial clerk, no later than 10 days from the date of this Order, to provide a copy of the clerk's record to the appellant, without prepayment. See TEX. R. APP. P. 20.1(k). The trial clerk shall further certify to this Court, within 15 days of the date of this Order, the date when delivery is made.
Accordingly, appellant is ORDERED to file an appellant's brief containing all necessary references to the clerk's record filed with this Court and conforming to Rule 38.1. See TEX. R. APP. P. 38.1(a)-(k), 38.7, 38.9(a). Appellant's brief is due to be filed with this Court no later than 40 days after the date of this order. See TEX. R. APP. P. 38.6(a), (d), 38.7. Appellee's brief, if any, will be due no later than 30 days after the filing of appellant's amended brief. See TEX. R. APP. P. 38.6(b).
It is so ORDERED. Judge's signature: /s/ Laura Carter Higley
[×] Acting individually
Date: April 26, 2016