Dismiss and Opinion Filed April 2, 2014
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01675-CV
ONE THOUSAND FIVE HUNDRED EIGHTY DOLLARS ($1,580.00) IN LAWFUL
UNITED STATES CURRENCY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 219th Judicial District Court
Collin County, Texas
Trial Court Cause No. 219-02801-2012
MEMORANDUM OPINION
Before Chief Justice Wright, and Justices Lang-Miers and Brown
Opinion by Chief Justice Wright
The filing fee, docketing statement, and clerk’s record in this case are past due. By
postcard dated December 5, 2013, we notified appellant the $195 filing fee was due. We
directed appellant to remit the filing fee within ten days and expressly cautioned appellant that
failure to do so would result in dismissal of the appeal. Also by postcard dated December 5,
2013, we notified appellant the docketing statement had not been filed in this case. We directed
appellant to file the docketing statement within ten days. We cautioned appellant that failure to
do so might result in dismissal of this appeal. By letter dated January 17, 2014, we informed
appellant the clerk’s record had not been filed because appellant had not paid for the clerk’s
record. We directed appellant to provide verification of payment or arrangements to pay for the
clerk’s record or to provide written documentation that he had been found entitled to proceed
without payment of costs. We cautioned appellant that failure to do so would result in the
dismissal of this appeal without further notice. In response, appellant filed a request to proceed
in forma pauperis. By order dated February 10, 2014, we denied appellant’s request without
prejudice to filing an affidavit of indigency in compliance with Texas Rule of Appellate
Procedure 20.1. We notified appellant that any affidavit filed would be referred to the trial court
for a determination as to the appropriate relief. We cautioned appellant that failure to file an
affidavit or written verification he had paid or made arrangements to pay for the clerk’s record
would result in the dismissal of this appeal. On March 19, 2014, we sent a second letter to
appellant regarding the clerk’s record. We again cautioned appellant that failure to provide
written verification of payment or arrangements to pay for the clerk’s record within ten days
would result in the dismissal of this appeal. To date, appellant has not paid the filing fee, filed
the docketing statement, provided the required documentation, or otherwise corresponded with
the Court regarding the status of this appeal.
Accordingly, we dismiss this appeal. See TEX. R. APP. P. 37.3(b); 42.3(b), (c).
131675F.P05
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ONE THOUSAND FIVE HUNDRED On Appeal from the 219th Judicial District
EIGHTY DOLLARS ($1,580.00) IN Court, Collin County, Texas
LAWFUL UNITED STATES CURRENCY, Trial Court Cause No. 219-02801-2012.
Appellant Opinion delivered by Chief Justice Wright.
Justices Lang-Miers and Brown
No. 05-13-01675-CV V. participating.
THE STATE OF TEXAS, Appellee
In accordance with this Court’s opinion of this date, this appeal is DISMISSED.
It is ORDERED that appellee THE STATE OF TEXAS recover its costs of this appeal
from appellant MICHAEL E. PENNINGTON.
Judgment entered April 2, 2014
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
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