Opinion
No. 07-20-00296-CV
12-03-2020
TUTANKHAMUN HOLT, APPELLANT v. MICHAEL JUSTIN ROGERS, PAUL MCWILLIAMS, LESLIE MCWILLIAMS, AND SONYA CLAY, APPELLEES
On Appeal from the 146th District Court Bell County, Texas
Trial Court No. 313,330-B; Honorable Mickey R. Pennington, Presiding
MEMORANDUM OPINION
Before QUINN, C.J., and PIRTLE and DOSS, JJ.
Appellant, Tutankhamun Holt, an inmate proceeding pro se, appeals three trial court orders dismissing his claims against Appellees, Michael Justin Rogers, Paul McWilliams, Leslie McWilliams, and Sonya Clay. We dismiss the appeal because Holt failed to pay the required filing fee or comply with chapter 14 of the Civil Practice and Remedies Code.
Originally appealed to the Third Court of Appeals, this appeal was transferred to this court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV'T CODE ANN. § 73.001 (West 2013).
By letter of November 3, 2020, we notified Holt that the filing fee had not been paid and directed him to pay the fee or, in lieu thereof, to comply with chapter 14 by filing an affidavit of indigence, an affidavit describing his previous filings, and a certified copy of his inmate trust account statement. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 14.002(a), 14.004 (West 2017). We further advised Holt that if he did not comply by November 13, 2020, the appeal was subject to dismissal without further notice. To date, Holt has neither paid the filing fee nor filed the required documents.
On November 25, 2020, Holt filed a document which we have construed as a motion seeking an extension of time to file his brief. The motion is now moot.
The requirement to pay the filing fee or tender the documents required by chapter 14 is mandatory, and the lack thereof is grounds for dismissal. See In re Johnson, No. 07-16-00354-CV, 2016 Tex. App. LEXIS 11841, at *1-2 (Tex. App.—Amarillo Nov. 1, 2016, orig. proceeding) (per curiam). Because Holt has failed to pay the filing fee or comply with the requirements of chapter 14 within the time provided for compliance, we dismiss the appeal.
Per Curiam