in Re: Quincy B. Johnson, Jr. ( 2015 )


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  • NO. 12-15-00295-CV NO. 12-15-00296-CV NO. 12-15-00297-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS § IN RE: QUINCY B. JOHNSON, JR., RELATOR § ORIGINAL PROCEEDINGS § MEMORANDUM OPINION PER CURIAM Relator’s petitions for writ of mandamus are being dismissed because Relator has failed to comply with the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.3. On December 7, 2015, this court sent a written request that Relator remit the filing fee for the mandamus petition in these proceedings on or before December 17, 2015.1 However, Relator did not remit the filing fees. On December 18, 2015, the court sent a second notice informing Relator that the filing fees had not been paid as requested. Relator was further notified that his petitions for writ of mandamus would be dismissed in accordance with Texas Rule of Appellate Procedure 42.3 unless the filing fees were received on or before December 28, 2015. See TEX. R. APP. P. 5. The December 28 deadline has passed, and Relator has not complied with the court’s request. Because Relator has failed, after notice, to pay the filing fees in compliance with Rule 5, Relator’s petitions for writ of mandamus are dismissed. See TEX. R. APP. P. 42.3(c). Opinion delivered December 30, 2015. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. 1 Relator is a pro se inmate, but has not filed an affidavit or unsworn declaration of inability to pay costs. (PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT DECEMBER 30, 2015 NO. 12-15-00295-CV NO. 12-15-00296-CV NO. 12-15-00297-CV QUINCY B. JOHNSON, JR., Relator V. HON. MARK A. CALHOON, Respondent ORIGINAL PROCEEDINGS ON THIS DAY came to be heard the petition for writ of mandamus filed by Quincy B. Johnson, Jr. who is the relator in Cause Nos. 17,470, 18,295 and 18,296 pending on the docket of the 3rd District Court Judicial District Court of Henderson County, Texas. Said petitions for writ of mandamus having been filed herein on December 7, 2015, and the same having been duly considered, because it is the opinion of this Court that Relator has failed, after notice, to pay the filing fees, it is therefore CONSIDERED, ADJUDGED and ORDERED that the said petitions for writ of mandamus be, and the same are, hereby dismissed. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.

Document Info

Docket Number: 12-15-00297-CV

Filed Date: 12/30/2015

Precedential Status: Precedential

Modified Date: 9/29/2016