Adrian Rene Harper v. Ken Foley, Ric Vogelgesang, Gary D. Winters, and Jon Caldwell ( 2019 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-19-00097-CV
________________________
ADRIAN RENE HARPER, APPELLANT
V.
KEN FOLEY, RIC VOGELGESANG, GARY D. WINTERS,
AND JON CALDWELL, APPELLEES
On Appeal from the 47th District Court
Potter County, Texas
Trial Court No. 106,479-A; Honorable Dan L. Schaap, Presiding
April 10, 2019
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Appellant, Adrian Rene Harper, an inmate proceeding pro se, filed a notice of
appeal from the trial court’s order denying a motion for summary judgment. We dismiss
the appeal because Harper failed to pay the filing fee or comply with chapter 14 of the
Texas Civil Practice and Remedies Code.
By letter of March 20, 2019, this court directed Harper to pay the required filing fee
of $205 or, in lieu thereof, to comply with chapter 14 of the Texas Civil Practice and
Remedies Code by filing an affidavit of indigence, an affidavit relating to previous filings,
and a certified copy of his inmate trust account statement. See TEX. CIV. PRAC. & REM.
CODE ANN. §§ 14.002(a), 14.004 (West 2017). We further advised that if Appellant did
not comply by April 1, this appeal was subject to dismissal without further notice. To date,
Harper has neither paid the filing fee nor filed the required chapter 14 documents.
Unless a party is excused from paying a filing fee, the clerk of this court is required
to collect filing fees set by statute or the Supreme Court when an item is presented for
filing. See TEX. R. APP. P. 5, 12.1(b). An inmate who files an affidavit or unsworn
declaration of inability to pay costs in an appeal or original proceeding must also comply
with chapter 14 of the Texas Civil Practice and Remedies Code. See TEX. CIV. PRAC. &
REM. CODE ANN. § 14.002(a). An inmate’s failure to comply with chapter 14 is grounds
for dismissal of the appeal or original proceeding. See Douglas v. Moffett, 418 S.W.3d
336, 340 (Tex. App.—Houston [14th Dist.] 2013, no pet.). Because Harper has failed to
pay the filing fee or comply with chapter 14 within the time provided by this court for
compliance, we must dismiss his appeal.
Accordingly, the appeal is dismissed.
Per Curiam
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