Robert A. Magoon v. Amparo Lopez ( 2003 )

                                                             11th Court of Appeals

                                                                  Eastland, Texas

                                                             Memorandum Opinion

Robert A. Magoon

Appellant

Vs.                   No. 11-03-00205-CV B Appeal from Brazoria County

Amparo Lopez et al

Appellees

Robert A. Magoon alleged that appellees, all employees of the Texas Department of Corrections - Institutional Division, were Agrossly and personally negligent in their reckless disregard@ of his free speech rights and his right against unreasonable searches in their handling of his mail as an inmate in the Wayne Scott Unit.  Appellant sought to recover $80,000 as compensatory damages; $5,000 in actual damages from each appellee; and $15,000 in punitive damages from each appellee. The trial court dismissed appellant=s claim.  Appellant then perfected this appeal.

While he filed a notice of appeal, appellant failed to pay the required filing fee. When this court requested the filing fee, appellant responded by filing a motion to proceed in forma pauperis. The motion did not comply with the requirements of TEX.R.APP.P. 20.1.  On September 4, 2003, this court overruled the motion and ordered appellant to pay the $125 filing fee on or before September 19, 2003.  Appellant was also informed that failure to do so could result in the dismissal of the appeal.  Appellant has responded by filing a motion to reconsider his motion to proceed in forma pauperis.

The original motion failed to comply with the requirements of Rule 20.1.  Therefore, the motion to reconsider is overruled, and the appeal is dismissed.  TEX.R.APP.P. 42.3(c).

PER CURIAM

October 2, 2003

Not designated for publication.  See TEX.R.APP.P. 47.2(a).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.