in Re Gerald Hayes ( 2010 )

IN THE
TENTH COURT OF APPEALS
No. 10-10-00268-CV
IN RE GERALD HAYES
Original Proceeding
MEMORANDUM OPINION
Gerald Hayes, an inmate, filed a petition for writ of mandamus. There are
procedural problems with the petition, but we use Rule 2 to look beyond those
problems and deny the petition. See TEX. R. APP. P. 2.
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 (Amended Aug. 28, 2007, eff. Sept. 1, 2007). See
also TEX. R. APP. P. 5; 10TH TEX. APP. (WACO) LOC. R. 5; TEX. GOV’T CODE ANN. §
51.207(b); § 51.941(a) (Vernon 2005); and § 51.208 (Vernon Supp. 2009). 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. The write-off of the fees from the accounts receivable
of the Court in no way eliminates or reduces the fees owed by Hayes.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Petition denied
Opinion delivered and filed July 28, 2010
[OT06]
In re Hayes Page 2