Opinion
No. 10-06-00355-CR.
Opinion delivered and filed November 22, 2006. Do not publish.
Original Proceeding.
BEFORE CHIEF JUSTICE GRAY, JUSTICE VANCE, AND JUSTICE REYNA.
MEMORANDUM OPINION
Relator, Vaughn Birdwell, a pro se inmate, filed a petition for writ of mandamus with the Court on November 2, 2006. The Clerk, by letter, notified Birdwell that his petition did not contain a proof-of-service. In response to that letter, Birdwell has now filed a document requesting the ability to "recant" his petition. This document, in effect, moves the Court to dismiss his petition. He also indicates in the motion the intention to file a new petition with the required proof of service. Birdwell has not paid for or provided an affidavit of indigence for his petition for writ of mandamus or the above-described motion. Absent a specific exemption, the Clerk of the Court must collect filing fees at the time a document is presented for filing. TEX. R. APP. P. 12.1(b); Appendix to TEX. R. APP. P., Order Regarding Fees (July 21, 1998). See also TEX. R. APP. P. 5; 10TH TEX. APP. (WACO) LOC. R. 5; TEX. GOV'T CODE ANN. § 51.207(b) (Vernon 2005). Under these circumstances, we suspend the rule and order the Clerk to write off all unpaid filing fees in this case. TEX. R. APP. P. 2. We have not issued an opinion in this matter. Birdwell's motion to dismiss is granted. The petition for writ of mandamus is dismissed without prejudice to the filing of a petition with proof of service. See TEX. R. APP. P. 42.2(a).
We do not, at this juncture, find it necessary or proper to address Birdwell's stated intention to file another mandamus