in Re Dan Thomas and Efren Martinez ( 2004 )

Opinion issued June 17, 2004

In The

Court of Appeals  

For The

First District of Texas  

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  NO. 01–04–00058–CV

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IN RE DAN THOMAS AND EFREN MARTINEZ, Relators

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINIONRelators Dan Thomas and Efren Martinez have neither established indigence, nor paid all the required fees. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent), 20.1 (listing requirements for establishing indigence); see also Tex. Gov’t Code Ann. §§ 51.207, 51.941(a), 101.041 (Vernon Supp. 2004) (listing fees in court of appeals); Fees Civ. Cases B(1), (3) (listing fees in court of appeals). After being notified that this mandamus proceeding was subject to dismissal, relators Dan Thomas and Efren Martinez filed a motion for leave to extend time to file an affidavit of indigence. We struck the motion because it did not comply with the Texas Rules of Appellate Procedure 9.5(d), and set a deadline of May 10, 2004 at 2:00 p.m. for relators to file a conforming motion. The deadline has passed and relators have not filed a conforming motion.

          Accordingly, the mandamus proceeding is dismissed for non-payment of all required fees. Tex. R. App. P. 5. All pending motions are denied.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Nuchia and Higley.