LARRY JOHNSON APPELLANT v. JAMES VOLBERDING APPELLEE (2017)

MEMORANDUM OPINION

Appellant, an inmate acting pro se, appeals from an order dismissing his lawsuit pursuant to Chapter 14 of the Texas Civil Practice and Remedies Code. Because Appellant has not complied, after notice, with the requirements of Chapter 14, we dismiss the appeal.

“A party who is not excused by statute or these rules from paying costs must pay--at the time an item is presented for filing--whatever fees are required by statute or Supreme Court order.” TEX. R. APP. P. 5. If unable to pay the requisite filing fee, an inmate must file an affidavit or declaration of previous filings that details all previous pro se actions. TEX. CIV. PRAC. & REM. CODE. ANN. § 14.004 (West Supp. 2016). An inmate must be afforded an opportunity to cure a Chapter 14 filing defect before dismissal of the appeal. Ex parte N.C., 486 S.W.3d 560 (Tex. 2016); McLean v. Livingston, 486 S.W.3d 561, 564 (Tex. 2016).

On August 8, 2017, we notified Appellant that his affidavit of previous filings is due, and that failure to provide a statement of previous filings by August 18, 2017 would result in the appeal being referred to the Court for dismissal without further notice.

To date, Appellant has not filed an affidavit of previous filings. Nor has Appellant otherwise responded to this Court's notice. Because, after notice and an opportunity to cure, Appellant has not complied with Chapter 14, the appeal is dismissed. See TEX. R. APP. P. 42.3(c); see also Ex parte Alvarado, No. 13-16-00514-CV, 2016 WL 6520179 (Tex. App.—Corpus Christi Nov. 3, 2016, no pet.) (mem. op.).

JUDGMENT

THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by this Court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance.

By per curiam opinion.