in Re Arnold Lewis Filewood, Relator ( 2019 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-19-00103-CV
IN RE ARNOLD LEWIS FILEWOOD, RELATOR
ORIGINAL PROCEEDING
April 15, 2019
MEMORANDUM OPINION
Before CAMPBELL and PIRTLE and PARKER, JJ.
Relator Arnold Lewis Filewood, a Texas inmate proceeding pro se, filed a petition
for writ of mandamus with the clerk of this Court but did not accompany his petition with
the required filing fee. By letter dated March 25, 2019, we directed Filewood to pay the
filing fee of $155 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 advised Filewood that if he did
not comply by April 4, this proceeding was subject to dismissal without further notice. To
date, Filewood has neither paid the filing fee nor submitted the materials necessary to
proceed under chapter 14.
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 a 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 In re Johnson, No. 07-16-00354-CV, 2016 Tex.
App. LEXIS 11841, at *2 (Tex. App.—Amarillo Nov. 1, 2016, orig. proceeding) (per
curiam) (mem. op.) (dismissing inmate’s petition for writ of mandamus for failure to pay
the filing fee or submit the materials required to proceed under chapter 14).
Because Filewood has failed to pay the filing fee or comply with chapter 14 of the
Texas Civil Practice and Remedies Code within the time provided by this Court for
compliance, his original proceeding is dismissed.
Per Curiam
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