Marcelino M. Gil v. Rissie Owens, Chairperson, Texas Board of Pardons and Paroles ( 2015 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-15-00260-CV
Marcelino M. Gil, Appellant
v.
Rissie Owens, Chairperson, Texas Board of Pardons and Paroles, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT
NO. D-1-GN-14-003554, HONORABLE LORA J. LIVINGSTON, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Marcelino M. Gil, an inmate, has filed a pro se notice of appeal from the
district court’s final order, dated April 10, 2015, dismissing his petition for writ of mandamus. The
district court clerk’s record was due in this Court on June 9, 2015. The Travis County District Clerk
notified this Court that it had not received payment for the record. If the clerk’s record is not filed
because the appellant failed to pay, this Court may dismiss the appeal for want of prosecution unless
the appellant was entitled to proceed without payment of costs.1 An appellant who cannot pay the
costs in an appellate court may proceed without payment if he files an affidavit of indigence.2 On
June 10, 2015, we sent notice to appellant that the clerk’s record was overdue and that the
appeal may be dismissed for want of prosecution if appellant did not file an affidavit of indigence
1
See Tex. R. App. P. 37.3(b).
2
See id. R. 20.1(2).
on or before June 22, 2015. To date, no affidavit of indigence or clerk’s record has been filed.
Accordingly, we dismiss the appeal for want of prosecution.3
__________________________________________
Bob Pemberton, Justice
Before Chief Justice Rose, Justices Pemberton and Field
Dismissed for Want of Prosecution
Filed: July 9, 2015
3
See id. R. 37.3(b), 42.3(b), (c).
2