in Re: Cedric Christopher Edison

Opinion issued January 27, 2004









In The

Court of Appeals

For the

First District of Texas

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NO. 01–03–01187–CV

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IN RE CEDRIC CHRISTOPHER EDISON, Relator





Original Proceeding on Petition for Writ of Mandamus





MEMORANDUM OPINIONRelator Cedric Christopher Edison filed a petition for a writ of mandamus complaining of actions by the respondent—the Honorable Jerry Deere, district clerk of Brazoria County—and the following real parties in interest: Texas Department of Criminal Justice; Cal Wooten, senior warden, Wayne Scott Unit; Lieutenant David W. Boyd, supervisor, Wayne Scott Unit; Sergeant Brian D. Springer, officer trainer, Wayne Scott Unit; Ellen T. Swan, correctional officer III, Wayne Scott Unit; and Linda D. Nieto, correctional officer III, Wayne Scott Unit.

          On December 17, 2003, the Court struck relator’s petition for noncompliance with Texas Rule of Appellate Procedure 52 and informed relator that he had neither paid the required $75 fee nor filed a current affidavit of indigence. See Tex. R. App. P. 9.4(i), 20.1(c)(2). The Court notified relator that he had until 5:00 p.m. on January 26, 2004 to (1) submit a conforming petition and (2) pay the required fee or file a proper affidavit of indigence. Relator did neither.

          Accordingly, we dismiss the petition for a writ of mandamus for want of prosecution.

 

PER CURIAM

Panel consists of Justices Nuchia, Keyes, and Hanks.