Opinion
14-24-00054-CV
01-30-2024
IN RE KYLE FRENCH, Relator
Original Proceeding writ of Habeas Corpus 280th District Court Harris County, Texas Trial Court Cause No. 2021-83581
Panel consists of Justices Zimmerer, Spain, and Hassan.
ORDER
PER CURIAM.
On January 22, 2024, relator Kyle French filed a petition for writ of habeas corpus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. French did not pay the filing fee required from relator pursuant to Texas Rule of Appellate Procedure 5. Nor did French (at the time he filed his original proceeding) file an affidavit of indigence pursuant to Texas Rule of Appellate Procedure 20.1 relieving him of his duty to do so.
Unless a party is excused from paying a filing fee, the clerk of this court required to collect filing fees set by statute or the Texas Supreme Court when an item is presented for filing. See Tex. R. App. P. 5, 12.1(b).
The court notifies French that the court may dismiss this original proceeding if French does not pay the required fee or file an affidavit of indigence that conforms with the requirements of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 5; Tex.R.App.P. 20.1; see also Tex. Gov't Code §§ 51.207, 51.941(a); Tex.R.Civ.P. 145.
Additionally, relator's petition does not satisfy the Texas Rules of Appellate Procedure. See Tex.R.App.P. 52.7(a)(1)-(2). Relator's "habeas certification & affidavit for inclusion of sworn copies" swore that "the statements and contents of the document are truthful and accurate to the best of his knowledge and belief." "Unless authorized by statute, an affidavit is insufficient unless the allegations therein are direct and unequivocal and perjury can be assigned upon it." Burke v. Satterfield, 525 S.W.2d 950, 955 (Tex. 1975). To have probative value, an affiant "must swear that the facts presented in the affidavit reflect his personal knowledge." In re E.I. DuPont de Nemours & Co., 136 S.W.3d 218, 224 (Tex. 2004). An affiant's belief about the facts is legally insufficient. See Ryland Group, Inc. v. Hood, 924 S.W.2d 120, 122 (Tex. 1996); Brownlee v. Brownlee, 665 S.W.2d 111, 112 (Tex. 1984); see also Tex. Civ. Prac. & Rem. Code Ann. § 132.001(e) (unsworn declaration for inmate).
“My name is __________ _________, (First) (Middle) (Last) My date of birth is __________, and my inmate identifying number, if any, is ________. I am presently incarcerated in ___________(Corrections unit name) in _____________, _________, _______, ____________. (City) (County) (State) (Zip Code) I declare under penalty of perjury that the foregoing is true and correct. Executed on the _____ day of ________, _______. (Month) (Year) ________ Declarant”
Relator's deadline either to pay the required fee or file a conforming affidavit of indigency, as well a petition that complies with the Texas Rules of Appellate Procedure, is February 9, 2024. If the unpaid required fee or a conforming affidavit of indigence is not received in the form described above by the deadline, the court may dismiss the original proceeding without further notice.