Document Info

DocketNumber: 01-18-00850-CV

Filed Date: 11/1/2018

Status: Precedential

Modified Date: 11/2/2018

  •                               COURT OF APPEALS FOR THE
    FIRST DISTRICT OF TEXAS AT HOUSTON
    ORDER
    Appellate case name:         Reginald Taylor v. University of Texas Medical Branch at
    Hospital Galveston
    Appellate case number:       01-18-00850-CV
    Trial court case number:     18-CV-0105
    Trial court:                 122nd District Court of Galveston County
    The Clerk of this Court’s October 16, 2018 Notice had directed the district clerk to
    file the indigent clerk’s record by November 5, 2018, for appellant, Reginald Taylor,
    incarcerated and proceeding pro se. On October 22, 2018, the district clerk filed the clerk’s
    record including appellant’s unsworn declaration of previous lawsuits, listing only the
    underlying trial court case that is on appeal, and a certified copy of his inmate trust account
    statement, filed on September 24, 2018, to comply with Chapter 14 of the Texas Civil
    Practice and Remedies Code. On October 30, 2018, the indigent clerk’s record was filed
    containing the trial court’s October 23, 2018 order granting appellant’s motion for a free
    record. Because appellant’s declaration and inmate trust account statement comply with
    Chapter 14, appellant is not required to pay appellate costs. See TEX. CIV. PRAC. & REM.
    CODE ANN. §§ 14.004(a), (c), 14.006(f) (West 2012); TEX. R. APP. P. 20.1(c).
    Accordingly, the Clerk of this Court is directed to mark appellant indigent in this
    Court’s records and allowed to proceed without advance payment of the appellate filing,
    clerk’s, and reporter’s record fees. On September 27, 2018, the court reporter filed an info
    sheet in this Court stating that no record was taken.
    Thus, because appellant is proceeding pro se, the Court ORDERS the district clerk
    to mail the clerk’s record to the appellant, within 10 days of this Order, at no cost to
    appellant, and shall certify the delivery date within 15 days.
    Appellant is ORDERED to file appellant’s brief within 45 days from the date of
    this Order. See TEX. R. APP. P. 2, 38.6(a)(1).
    It is so ORDERED.
    Judge’s signature: __/s/ Evelyn V. Keyes__________
    x Acting individually         Acting for the Court
    Date: _November 1, 2018_____