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Sanders v. Dist. Clerk

Court of Appeals Ninth District of Texas at Beaumont
Apr 5, 2018
NO. 09-18-00025-CV (Tex. App. Apr. 5, 2018)

Opinion

NO. 09-18-00025-CV

04-05-2018

DEL RAY SANDERS, Appellant v. DISTRICT CLERK, Appellee


On Appeal from the 258th District Court Polk County, Texas
Trial Cause No. CIV31476

MEMORANDUM OPINION

Del Ray Sanders, Appellant, petitioned the trial court for a writ of mandamus to "issue service of process" of what Sanders referenced as a "Truth Affidavit in accord [sic] [with] the law governing redress before suit" upon three individuals. The trial court denied the petition. Appellant filed a notice of appeal.

Upon receiving the notice of appeal, we provided the Appellant with a cost bill and a standard form for a statement of inability to pay costs. See Tex. R. App. P. 5, 20.1. We then received an unsworn declaration of inability to pay costs from Appellant. See Tex. R. App. P. 20.1(c). On February 9, 2018, we notified Appellant that as an inmate requesting to proceed without prepayment of cost, he must submit a current inmate's account statement and a declaration of previous filings. See Tex. Civ. Prac. & Rem. Code Ann. §§ 14.002, 14.004, 14.006(f) (West 2017). Appellant failed to timely file an inmate's account statement and a declaration of previous filings within the time required by the notice. Accordingly, the appeal is dismissed. See Tex. R. App. P. 42.3(c).

APPEAL DISMISSED.

/s/_________

LEANNE JOHNSON

Justice Submitted on April 4, 2018
Opinion Delivered April 5, 2018 Before Kreger, Horton, and Johnson, JJ.


Summaries of

Sanders v. Dist. Clerk

Court of Appeals Ninth District of Texas at Beaumont
Apr 5, 2018
NO. 09-18-00025-CV (Tex. App. Apr. 5, 2018)
Case details for

Sanders v. Dist. Clerk

Case Details

Full title:DEL RAY SANDERS, Appellant v. DISTRICT CLERK, Appellee

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Apr 5, 2018

Citations

NO. 09-18-00025-CV (Tex. App. Apr. 5, 2018)