Billy Wayne Lewis v. County of Milam ( 2020 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-20-00331-CV
BILLY LEWIS, APPELLANT
V.
THE COUNTY OF MILAM, TEXAS, APPELLEE
On Appeal from the 20th District Court
Milam County, Texas
Trial Court No. CV-39,828, John Youngblood, Presiding
December 22, 2020
MEMORANDUM OPINION
Before QUINN, C.J., and PIRTLE and DOSS, JJ.
Appellant, Billy Lewis, an inmate proceeding pro se, filed a notice of appeal from
the trial court’s judgment without paying the required filing fee. By letter of November 24,
2020, we notified Lewis that the filing fee had not been paid and directed him to pay the
fee or, in lieu thereof, to comply with chapter 14 of the Civil Practice and Remedies Code
by filing an affidavit of indigence, an affidavit describing his 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 advised Lewis that the appeal was subject to
dismissal if he did not comply by December 4, 2020. We later granted him an extension
until December 18, 2020. Lewis has since filed an affidavit of indigence and a certified
copy of his inmate trust account statement but has not filed an affidavit describing his
previous filings to date.
The requirement to pay the filing fee or tender the documents required by chapter
14 is mandatory, and the lack thereof is grounds for dismissal. See In re Johnson, No.
07-16-00354-CV, 2016 Tex. App. LEXIS 11841, at *1–2 (Tex. App.—Amarillo Nov. 1,
2016, orig. proceeding) (per curiam) (mem. op.). Because Lewis has failed to pay the
filing fee or comply with the requirements of chapter 14 within the time provided for
compliance, we dismiss his appeal.
Per Curiam
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