Anthony E. Gill v. Boyd Distribution Center ( 2006 )

Opinion issued February 9, 2006

In The

Court of Appeals  

For The

First District of Texas  

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  NO. 01–05–00983–CV

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ANTHONY E. GILL, Appellant

V.

BOYD DISTRIBUTION CENTER, Appellee

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On Appeal from the 23rd District Court

Brazoria County, Texas

Trial Court Cause No. 15,846*I 01

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MEMORANDUM OPINIONAppellant Anthony E. Gill has 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. 2005) (listing fees in court of appeals); Fees Civ. Cases B(1), (3) (listing fees in court of appeals). After being notified by the Clerk of this Court, by letter dated December 29, 2005, that this appeal was subject to dismissal, appellant Anthony E. Gill did not adequately respond. His response consisted of a “Memorandum in Support of Affidavit of Indigency,” filed with this Court on January 5, 2006, in which he stated that he had proceeded pro se in the trial court and in related proceedings before the Sixth Court of Appeals and referred to a request to proceed in forma pauperis filed with the December 5, 2005 filed notice of appeal. This latter “request” simply states, “Gill has proceeded forma pauperis in the district court and in this cause on appeal previously, hence this appeal should be forwarded the Court of Appeals for the Sixth Appellate District forma pauperis.” Nothing in appellant Anthony Gill’s “Memorandum in Support of Affidavit of Indigency” or its referenced documents meet the requirements of Texas Rule of Appellate Procedure 20.1(c) that an appellant file an affidavit of indigence in the trial court with or before the notice of appeal.

          The appeal is dismissed for nonpayment of all required fees. See Tex. R. App. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case).

All pending motions are denied

PER CURIAM

Panel consists of Chief Justice Radack and Justices Jennings and Alcala.