In re Michael Lynn Lee, Relator Appeal from ... of ... County (memorandum opinion per curiam)

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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-18-00195-CV IN RE MICHAEL LYNN LEE, RELATOR OPINION ON ORIGINAL PROCEEDING FOR WRIT OF MANDAMUS May 31, 2018 MEMORANDUM OPINION Before QUINN, C.J., and CAMPBELL and PARKER, JJ. Relator, Michael Lynn Lee, an inmate proceeding pro se, filed a petition for writ of mandamus in the above-referenced cause. By letter dated May 14, 2018, this court directed Lee to pay the filing fee or comply with Chapter 14 of the Civil Practice and Remedies Code by filing 1) an affidavit of indigence, 2) an affidavit relating to previous filings, and 3) a certified copy of his inmate trust account statement. See TEX. CIV. PRAC. & REM. CODE ANN. § 14.002(a) (stating that Chapter 14 applies to original proceedings brought by an indigent inmate in an appellate court); § 14.004 (West 2017). He was also told that the proceeding was subject to dismissal if he did not comply by May 24, 2018. See TEX. R. APP. P. 42.3(c). On May 25, 2018, Lee filed a letter with the clerk of this court requesting that his petition be dismissed. To date, Lee has neither paid the filing fee nor provided any of the required Chapter 14 documents. The requirement to pay the filing fee or tender an affidavit of indigence, an affidavit of previous filings, and a certified copy of an inmate trust account statement is mandatory, and the lack thereof is grounds for dismissal of the original proceeding. See In re Johnson, No. 07-16-00354-CV, 2016 Tex. App. LEXIS 11841, at *2 (Tex. App.— Amarillo Nov. 1, 2016, orig. proceeding) (per curiam) (mem. op.) (dismissing inmate’s petition for writ of mandamus for failure to pay the filing fee or submit the required Chapter 14 materials). Accordingly, we dismiss the petition for a writ of mandamus. Per Curiam 2

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