Affirmed and Memorandum Opinion filed April 8, 2004.
In The
Fourteenth Court of Appeals
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NO. 14-03-00669-CV
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KENNETH E. FREEMAN, Appellant
V.
GARY JOHNSON, NEILL HODGES, ET AL, Appellees
On Appeal from the 278th District Court
Walker County, Texas
Trial Court Cause No. 21,977
M E M O R A N D U M O P I N I O N
Appellant Kenneth E. Freeman, an indigent inmate acting pro se, appeals the dismissal of his lawsuit seeking monetary damages for the alleged misplacement or theft of his clothes by prison officials during his incarceration. The trial court dismissed without prejudice appellant=s claims for failure to comply with Chapter 14 of the Texas Civil Practice and Remedies Code. We affirm.
In a suit brought by an inmate who asserts an inability to pay costs, the inmate must file an affidavit or declaration providing certain information about each previous lawsuit he or she has filed. See Tex. Civ. Prac. & Rem. Code Ann. ' 14.004(a) (Vernon 2002). If the inmate fails to comply with this requirement, the trial court may dismiss the lawsuit as frivolous. See id. ' 14.003(a); Bell v. Tex. Dep=t of Crim. Justice B Inst=l Div., 962 S.W.2d 156, 158 (Tex. App.CHouston [14th Dist.] 1998, pet. denied). We review the trial court=s dismissal for an abuse of discretion. Hickman v. Adams, 35 S.W.3d 120, 123 (Tex. App.CHouston [14th Dist.] 2000, no pet.). Appellant filed an affidavit or unsworn declaration of inability to pay costs, but he did not file an affidavit identifying prior lawsuits filed by him pro se. Appellant did not comply with the requirements of section 14.004 of the Civil Practice and Remedies Code. Accordingly, we hold the trial court=s decision to dismiss appellant=s lawsuit for failure to comply with section 14.004 of the Civil Practice and Remedies Code was not an abuse of discretion.
Furthermore, appellant did not comply with section 14.005 of the Civil Practice and Remedies Code. Section 14.005 applies to inmate claims that are subject to the inmate grievance system established under section 501.009 of the Government Code. See Tex. Civ. Prac. & Rem. Code Ann. ' 14.005(a) (Vernon 2002); Tex. Gov=t Code Ann. ' 501.008 (Vernon 1998). The inmate grievance system provides Athe exclusive administrative remedy available to an inmate for a claim for relief against the [TDCJ] that arises while the inmate is housed in a facility operated by the [TDCJ] or under contract with the [TDCJ], other than a remedy provided by writ of habeas corpus challenging the validity of an action occurring before the delivery of the inmate to the [TDCJ] or to a facility operated under contract with the [TDCJ].@ See Tex. Gov=t Code Ann. ' 501.008(a). Section 14.005 of the Civil Practice and Remedies Code provides that A[a] court shall dismiss a claim if the inmate fails to file the claim before the 31st day after the date the inmate receives the written decision from the grievance system.@ Tex. Civ. Prac. & Rem. Code Ann. ' 14.005(b). The record reflects that appellant received a written decision from the grievance system on or about August 23, 2001. Appellant did not file his lawsuit until March 6, 2003, over a year and a half later. Thus, appellant has not complied with the exhaustion requirement set out in section 501.008 of the Government Code and in section 14.005(b) of the Civil Practice and Remedies Code. Accordingly, we hold the trial court did not abuse its discretion in dismissing appellant=s lawsuit for failure to file suit within 31 days of receiving a written decision issued by the highest authority provided in the grievance system.
We affirm the trial court=s judgment.
/s/ Leslie Brock Yates
Justice
Judgment rendered and Memorandum Opinion filed April 8, 2004.
Panel consists of Justices Yates, Anderson, and Hudson.