in Re Carlos Wayne Toombs, Relator ( 2020 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-20-00105-CV
IN RE CARLOS WAYNE TOOMBS, RELATOR
OPINION ON ORIGINAL PROCEEDING
FOR WRIT OF MANDAMUS
April 23, 2020
MEMORANDUM OPINION
Before QUINN, C.J., and PIRTLE and DOSS, JJ.
Relator Carlos Wayne Toombs, a Texas inmate proceeding pro se, filed a petition
for writ of mandamus without paying the required filing fee. By letter of April 8, 2020, we
directed Toombs to pay the filing fee or, in lieu thereof, to comply with Chapter 14 of the
Civil Practice and Remedies Code by filing 1) an affidavit of indigence, 2) an affidavit
relating to previous filings, and 3) a certified copy of his inmate trust account statement.
TEX. CIV. PRAC. & REM. CODE ANN. §§ 14.002(a), 14.004 (West 2017). We advised
Toombs that this proceeding was subject to dismissal if he did not comply by April 20,
2020. On April 20, Toombs filed an affidavit of indigence and a certified copy of his inmate
trust account statement. However, Toombs has not filed an affidavit describing his
previous filings to date.
The requirement to pay the filing fee or tender an affidavit of indigence, file an
affidavit of previous filings, and file a certified copy of an inmate trust account statement
is mandatory, and the lack thereof is grounds for dismissal of an original proceeding. 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.). Because Toombs has
failed to pay the filing fee or comply with all the requirements of Chapter 14 of the Civil
Practice and Remedies Code within the time provided for compliance, we dismiss this
original proceeding.
Per Curiam
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