NO. 07-08-0333-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
SEPTEMBER 24, 2008
______________________________
IN RE BOBBY LEWAYNE THOMAS, RELATOR
_________________________________
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Relator, Bobby Lewayne Thomas, filed his Application for Writ of Mandamus on
August 14, 2008, contending that the trial court failed to rule on his Motion for Requested
Documents. However, Thomas did not include in the appendix to his application a
“certified or sworn copy of any order complained of, or any other document showing the
matter complained of.” TEX . R. APP. P. 52.3(j)(A). Therefore, it is unknown whether the
trial court was aware of Thomas’s request. Additionally, Thomas did not pay the filing fee
required under Rule 5 of the Texas Rules of Appellate Procedure. By letter from this Court
dated August 18, 2008, we advised Thomas that the “filing fee in the amount of $125.00
did not accompany the captioned original proceeding. Unless the filing fee is paid by
Thursday, August 28, 2008, this proceeding will be subject to dismissal.” TEX . R. APP. P.
5. Thomas has not paid the fee as directed nor has he filed an affidavit of indigence. See
TEX . R. APP. P. 20.1.
Accordingly, we deny Thomas’s petition. See In re Chavez, 62 S.W.3d 225
(Tex.App.–Amarillo 2001, orig. proceeding).
Mackey K. Hancock
Justice
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