Donald Ray McCray v. Hubert Jean-Louis ( 2002 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-01-240 CV ____________________

DONALD RAY MCCRAY, Appellant

V.

HUBERT JEAN-LOUIS, Appellee

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On Appeal from the 58th District Court Jefferson County, Texas Trial Cause No. A-162,131

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O P I N I O N  

This is an appeal from the trial court's order dismissing Donald Ray McCray's suit against Dr. Hubert Jean-Louis, M.D. McCray, an inmate, filed suit against Dr. Jean-Louis pursuant to 42 U.S.C. § 1983 (Supp. 2002). Dr. Jean-Louis filed a motion to dismiss the suit as frivolous, pursuant to Chapter 14 of the Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. §§ 14.001-.014 (Vernon Supp. 2002). The trial court stated orally it was granting the motion on the grounds the pleadings did not support an Eighth Amendment Claim, and McCray failed to comply with the Civil Practices and Remedies Code, particularly sections 14.004(a)(1) and 14.004(a)(2) relating to prior filings. See Tex. Civ. Prac. & Rem. Code Ann. § 14.004 (Vernon Supp. 2002). On appeal, McCray challenges none of these bases.

Exhibit C of Dr. Jean-Louis's Motion to Dismiss contains a record of suits filed by McCray in United States district courts; no objection was made to the exhibit. McCray's affidavit purporting to identify each suit previously brought fails to include the majority of these cases. It is not an abuse of discretion to dismiss an inmate's suit for failure to comply with section 14.004. See White v. State, 37 S.W.3d 562, 565 (Tex. App.--Beaumont 2001, no pet.). Because the record clearly shows McCray did not comply with section 14.004, we find the trial court did not abuse its discretion in dismissing his suit. See also Hall v. Treon, 39 S.W.3d 722, 724 (Tex. App.--Beaumont 2001, no pet.). Accordingly, the judgment of the trial court is AFFIRMED.

PER CURIAM

Submitted on August 12, 2002

Opinion Delivered August 29, 2002

Do Not Publish

Before Walker, C.J., Burgess and Gaultney, JJ.