J. B. Stell Gaines, Sr. v. TDCJ-ID, Et Al--Appeal from 12th District Court of Walker County
Annotate this CaseIn The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-05-00013-CV
______________________________
J. B. STELL GAINES, SR., Appellant
V.
TDCJ-ID, ET AL., Appellees
On Appeal from the 12th Judicial District Court
Walker County, Texas
Trial Court No. 22760
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
In this appeal transferred from the Fourteenth District Court of Appeals, the clerk's record was due to be filed with this Court before January 18, 2005. // J. B. Stell Gaines, Sr., is an inmate in the Texas Department of Criminal Justice Institutional Division and has filed a pro se appeal from the dismissal of his lawsuit against the Texas Department of Criminal Justice. To date, no portion of the record has been filed.
Gaines has not been declared indigent by the trial court and is thus responsible for paying or making adequate arrangements to pay the clerk's fees for preparing the record. See Tex. R. App. P. 37.3(b). On January 21, 2005, we sent Gaines a letter informing him the record was past due and the clerk's fees had not been paid. In that letter, we informed Gaines that he needed to make arrangements to have the record filed immediately. On February 17, 2005, we informed Gaines by letter that, if he did not make adequate arrangements to pay the clerk's fees, we would dismiss the appeal for want of prosecution. While Gaines did respond to both of our letters, he has not made arrangements for the payment of the clerk's fees. Gaines has alleged to this Court he has filed a request to proceed in forma pauperis, but the District Clerk of Walker County has informed this Court otherwise. The district clerk has informed us that no request for a finding of indigence has been filed and that Gaines has made no arrangements to secure payment of the clerk's fees. The district clerk has also informed us that the district clerk's office is not willing to prepare the clerk's record in the absence of any arrangements to pay the clerk's fees. Currently, no record has been filed with this Court.
We dismiss the appeal for want of prosecution.
Jack Carter
Justice
Date Submitted: March 2, 2005
Date Decided: March 3, 2005
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.