Ralph B. Smith v. Kim Johnson, Rec Coordinator ( 2008 )

IN THE
TENTH COURT OF APPEALS
No. 10-08-00282-CV
RALPH B. SMITH,
Appellant
v.
KIM JOHNSON, REC COORDINATOR,
Appellee
From the 87th District Court
Freestone County, Texas
Trial Court No. 08-224-B
MEMORANDUM OPINION
Ralph B. Smith, a prison inmate, appeals the trial court’s dismissal of his lawsuit
against a prison employee. Smith has not filed a brief in this appeal. By letter dated
September 23, 2008, the Clerk of this Court notified Smith that the Court may dismiss
the appeal for want of prosecution unless, within 21 days from the date of the letter,
Smith filed a response showing grounds for continuing the appeal. More than 21 days
have passed, and Smith has not responded.
Further, absent a specific exemption, the Clerk of the Court must collect filing
fees at the time a document is presented for filing. TEX. R. APP. P. 12.1(b); Appendix to
TEX. R. APP. P., Order Regarding Fees (September 1, 2007). See also TEX. R. APP. P. 5;
10TH TEX. APP. (WACO) LOC. R. 5; TEX. GOV’T CODE ANN. § 51.207(b) (Vernon 2005).
Under these circumstances, we suspend the rule and order the Clerk to write off all
unpaid filing fees in this case. TEX. R. APP. P. 2.
Accordingly, this appeal is dismissed. See TEX. R. APP. P. 38.8(a)(1) and 42.3(b).
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Appeal dismissed
Opinion delivered and filed October 29, 2008
[CV06]
Smith v. Johnson Page 2