Opinion
No. 07-16-00342-CV
10-12-2016
IN RE EVANGELOS PAGONIS, RELATOR
Original Proceeding
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Relator Evangelos Pagonis, a Texas prison inmate appearing pro se, filed a petition for writ of mandamus, but did not accompany his petition with the required filing fee or proof of indigence and the materials required by Chapter 14 of the Texas Civil Practice and Remedies Code. See TEX. CIV. PRAC. & REM. CODE ANN. § 14.002 (West Supp. 2016) (stating that Chapter 14 applies to appeals and original proceedings brought by an inmate in an appellate court).
On September 22, 2016, Pagonis filed documents with this Court seeking to compel the 69th District Court to enter a default judgment in a lawsuit filed in that court. Accordingly, we construe this filing as a petition for writ of mandamus. --------
By letter of September 27, 2016, we directed Pagonis to pay the filing fee or file an affidavit of indigence and comply with Chapter 14 by filing an affidavit describing his previous filings and a certified copy of his inmate trust account. TEX. CIV. PRAC. & REM. CODE ANN. § 14.004 (West Supp. 2016). The letter further notified Pagonis that the proceeding would be subject to dismissal without further notice should he fail to comply by October 7, 2016. On October 6, 2016, Pagonis filed a declaration of inability to pay costs and a certified statement of his Texas Department of Criminal Justice inmate trust account. However, Pagonis has not filed an affidavit relating to his previous filings.
Although the filing of a request for mandamus relief invokes this Court's jurisdiction, if a party fails to follow the prescribed rules of appellate procedure, the petition may be dismissed. See In re Price, No. 07-15-00137-CV, 2015 Tex. App. LEXIS 4266 (Tex. App.—Amarillo April 23, 2015, orig. proceeding) (mem. op.) (holding inmate's failure to file affidavit of previous filings warranted dismissal of appeal).
Because Pagonis has not filed an affidavit or declaration relating to his previous filings within the time provided by this Court for compliance, his original proceeding is dismissed. TEX. R. APP. P. 42.3(c).
Per Curiam