John E. Rodarte v. Beneficial Texas, Inc. ( 2015 )


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  •                                                                             Beneficial Texas,
    Fourth Court of Appeals
    San Antonio, Texas
    October 23, 2015
    No. 04-15-00647-CV
    John E. RODARTE,
    Appellant
    v.
    BENEFICIAL TEXAS, INC.,
    Appellee
    From the 166th Judicial District Court, Bexar County, Texas
    Trial Court No. 2010-CI-14597
    Honorable Michael E. Mery, Judge Presiding
    ORDER
    Appellant John E. Rodarte Sr., an inmate acting pro se, filed a notice of appeal with this
    court on October 19, 2015. Appellant’s notice of appeal states he is currently incarcerated,
    shows his return address as the Clements Unit of the Texas Department of Criminal Justice—
    Institutional Division, and states he is indigent.
    Because Appellant is an inmate and asserts he cannot pay costs, Appellant must file in
    this court within TWENTY DAYS of the date of this order (1) a separate affidavit listing the
    previous pro se actions he has brought and (2) a certified copy of his inmate trust account
    statement. See TEX. CIV. PRAC. & REM. CODE ANN. § 14.002(a) (West Supp. 2015) (applying
    affidavit and other requirements to inmate appeals effective January 1, 2012); 
    id. § 14.004
    (requiring a pro se inmate asserting inability to pay costs to file a detailed list of previous pro se
    actions and a certified copy of the inmate’s trust account statement).
    Appellant’s affidavit and certified statement must be timely filed and must meet the
    applicable statutory requirements. E.g., 
    id. § 14.004
    (a) (affidavit of actions); 
    id. § 14.004
    (b)
    (dispositions); 
    id. § 14.004
    (c) (account statement).
    We warn Appellant that this court may dismiss this appeal without further notice if
    Appellant fails to timely file the statutorily required documents. Cf. Douglas v. Moffett, 
    418 S.W.3d 336
    , 340 (Tex. App.—Houston [14th Dist.] 2013) (dismissing an appeal where an inmate
    failed to comply with Chapter 14 requirements); Amir-Sharif v. Mason, 
    243 S.W.3d 854
    , 857
    (Tex. App.—Dallas 2008, no pet.) (recognizing that a trial court may dismiss an indigent
    inmate’s suit without notice or hearing for failing to file the previous actions affidavit).
    All other appellate deadlines are SUSPENDED pending further order of this court.
    _________________________________
    Patricia O. Alvarez, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 23rd day of October, 2015.
    ___________________________________
    Keith E. Hottle
    Clerk of Court
    

Document Info

Docket Number: 04-15-00647-CV

Filed Date: 10/23/2015

Precedential Status: Precedential

Modified Date: 10/27/2015