NO. 07-07-0018-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
FEBRUARY 16, 2007
______________________________
IN RE R. WAYNE JOHNSON, RELATOR
_______________________________
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Relator R. Wayne Johnson, an inmate proceeding pro se, filed a Petition for Writ of
Mandamus on January 16, 2007. The petition was not accompanied by the required filing
fee nor an affidavit of indigence. Consequently, by letter dated January 19, 2007, this
Court directed Relator to either pay the fee or file an affidavit of indigence in compliance
with Rule 20.1(b) of the Texas Rules of Appellate Procedure on or before January 31,
2007, noting that failure to do so might result in dismissal. Relator did not cure the defect
after being allowed a reasonable time to do so. See Higgins v. Randall County Sheriff’s
Office, 193 S.W.3d 898, 899 (Tex. 2006). Thus, we must dismiss this proceeding.
Accordingly, Relator’s Petition for Writ of Mandamus is dismissed for failure to
comply with a directive of this Court. See Tex. R. App. P. 42.3(c).
Patrick A. Pirtle
Justice
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