In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-03-341 CV
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DONALD FOSTER, Appellant
V.
ORANGE COUNTY, TEXAS, Appellee
Orange County, Texas
Trial Cause No. D-030163-C
Donald Foster, an inmate of the Texas Department of Criminal Justice, Institutional Division, appeals from the dismissal of a suit filed against Orange County, Texas. Because the appeal involves the application of well-settled principles of law, we deliver this memorandum opinion. Tex. R. App. P. 47.4.
Foster brings one issue on appeal claiming the trial court erred in dismissing his suit. The trial court dismissed Foster's petition for the reasons it "is in fact frivolous and has no realistic chance of ultimate success and has no arguable basis in law or in fact . . . ." See Tex. Civ. Prac. & Rem. Code Ann. § 14.003(b)(1), (2), and (3) (Vernon 2002). The basis of Foster's suit is the allegation that he was not properly indicted by a duly empaneled grand jury. In its Motion to Dismiss, appellee attached certified copies of the grand jury indictments returned in each case. We find no abuse of discretion by the trial court in dismissing Foster's suit under Chapter 14 of the Texas Civil Practice and Remedies Code. Accordingly, the sole issue is overruled and the judgment is AFFIRMED.
Justice
Submitted on December 24, 2003
Opinion Delivered January 8, 2004
Before McKeithen, C.J., Burgess and Gaultney, JJ.