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In re Commitment of Matzen

Court of Appeals Ninth District of Texas at Beaumont
Oct 16, 2014
NO. 09-14-00115-CV (Tex. App. Oct. 16, 2014)

Summary

noting that trial court sustained contest to Matzen's affidavit of indigence after he disclosed that he had $15,000 in his inmate trust fund

Summary of this case from Matzen v. McLane

Opinion

NO. 09-14-00115-CV

10-16-2014

IN RE COMMITMENT OF GERARD NEIL MATZEN


On Appeal from the 435th District Court Montgomery County, Texas
Trial Cause No. 13-07-07696 CV

MEMORANDUM OPINION

The trial court clerk notified the appellate court that she was unable to file the record because the appellant is not entitled to appeal without paying the fee, and the appellant has failed to pay the fee or make arrangements to pay the fee for preparing the record. State Counsel for Offenders notified the Court that the trial court sustained the State's contest to the appellant's affidavit of indigence after the appellant disclosed that he had $15,000 on deposit in the Inmate Trust Fund. The appellant did not challenge the trial court's ruling on the contest. See Tex. R. App. P. 20.1(j)(1). We notified the parties that the appeal would be dismissed for want of prosecution unless the appellant either arranged for the trial court clerk to prepare the record or showed that additional time was needed to file the record. See Tex. R. App. P. 37.3(b). No response has been filed and the appellant has not shown that he is entitled to proceed without payment of costs. Id. We dismiss the appeal for want of prosecution. Id.; see also Tex. R. App. P. 42.3.

APPEAL DISMISSED.

/s/_________

STEVE McKEITHEN

Chief Justice
Submitted on October 15, 2014
Opinion Delivered October 16, 2014
Before McKeithen, C.J., Horton and Johnson, JJ.


Summaries of

In re Commitment of Matzen

Court of Appeals Ninth District of Texas at Beaumont
Oct 16, 2014
NO. 09-14-00115-CV (Tex. App. Oct. 16, 2014)

noting that trial court sustained contest to Matzen's affidavit of indigence after he disclosed that he had $15,000 in his inmate trust fund

Summary of this case from Matzen v. McLane

noting that trial court sustained contest to Matzen's affidavit of indigence after he disclosed that he had $15,000 in his inmate trust fund

Summary of this case from Matzen v. McLane
Case details for

In re Commitment of Matzen

Case Details

Full title:IN RE COMMITMENT OF GERARD NEIL MATZEN

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Oct 16, 2014

Citations

NO. 09-14-00115-CV (Tex. App. Oct. 16, 2014)

Citing Cases

Matzen v. McLane

Matzen appealed the order, but his appeal was dismissed for want of prosecution. In re Commitment of Matzen ,…

Matzen v. McLane

As TCCO notes, Matzen was found not indigent for appeal of his civil commitment. SeeIn re Commitment of…