Opinion
01-23-00597-CV
10-10-2023
Richard Luna v. Douglas Scott Tyler, MD and Linda G. Phillips, MD
Trial court: 122nd District Court of Galveston County Trial court case number: 18-CV-0928
ORDER
Veronica Rivas-Molloy Judge
On August 15, 2023, Appellant Richard Luna filed a notice of appeal challenging the trial court's July 26, 2023 order and final judgment granting in favor of Appellees Douglas Scott Tyler, MD and Linda G. Phillips, MD, their motions for summary judgment, motions to dismiss, and sustaining their pleas to jurisdiction. Appellant has not paid the appellate filing fee or filed a docketing statement. See Tex. R. App. P. 5.
The docketing statement and appellate fee were due on September 5, 2023.
On September 8, 2023, Appellant filed in this Court a Motion to Proceed in Forma Pauperis and an unsworn Affidavit of Indigence, stating he is incarcerated and has no source of income. On September 25, 2023, the clerk's record was filed containing Appellant's Unsworn Declaration of Inability to Pay filed in the District Court of Galveston County on July 16, 2018. See Tex. R. Civ. P. 145(a), (b), (d).
The Clerk of this Court is directed to make an entry in this Court's records that Appellant is permitted to proceed on appeal without payment of costs. See Tex. R. Civ. P. 145(a); Tex.R.App.P. 20.1.
It is so ORDERED.