Del Ray Sanders v. District Clerk Appeal from 258th District Court of Polk County (memorandum opinion)
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00025-CV ____________________ 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 1 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. ________________________________ LEANNE JOHNSON Justice Submitted on April 4, 2018 Opinion Delivered April 5, 2018 Before Kreger, Horton, and Johnson, JJ. 2
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