Opinion
Appellate case number: 01-16-00864-CV
06-27-2017
ORDER Trial court case number: 2013-31227 Trial court: 165th District Court of Harris County
On January 30, 2017, appellant, Stinal Atkins, filed motion to proceed as a pauper. See TEX. R. APP. P. 20.1(a)(2). On February 7, 2017, we ordered the trial court to file a supplemental clerk's record to include appellant's affidavits of indigence, contests to the affidavits, and any trial court orders ruling on contests to appellant's affidavits of indigence. On February 8, 2016, the district clerk filed a clerk's record on indigence. The record reflects that a contest to a November 12, 2015 affidavit of indigence was filed and sustained. See TEX. R. APP. P. 20.1(e). However, a supplemental reporter's record filed on March 15, 2017 clarified that the previous contest was for a different proceeding, appellant had filed a separate affidavit of indigence when the case was initially filed in 2013, and the trial court had been proceeding under that affidavit. We therefore conclude that because the trial court was proceeding under appellant's earlier-filed affidavit of indigence which was not contested, appellant is entitled to proceed without advance payment of costs. See TEX. R. APP. P. 20.1(f).
The Clerk of this Court is ORDERED to make an entry in this Court's records that appellant is indigent and is allowed to proceed on appeal without advance payment of costs.
It is further ORDERED that the district clerk file with this Court, within 30 days of the date of this order and at no cost to appellant, a clerk's record containing the items specified in Texas Rule of Appellate Procedure 34.5(a). See TEX. R. APP. P. 20.1(k).
It is further ORDERED that the Court Reporter file with this Court, within 30 days of the date of this order and at no cost to appellant, the reporter's record. See id.
Appellant's brief is ORDERED filed with this Court within 30 days after the later of the date the clerk's record is filed or the date the reporter's record is filed. See TEX. R. APP. P. 38.6(a). Appellee's brief, if any, must be filed within 30 days after the date the appellant's brief is filed. See TEX. R. APP. P. 38.6(b). Judge's signature: /s/ Sherry Radack
[×] Acting individually [ ] Acting for the Court Date: June 27, 2017