Opinion
No. 10-07-00032-CV
Opinion delivered and filed February 14, 2007.
Original Proceeding.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Letha Williamson, the wife of a prisoner, requests this Court to mandamus the Limestone County Sheriff to furnish copies of arrest or offense reports to her which were apparently forwarded to the Court of Criminal Appeals. Williamson also filed a motion for leave to file her petition for writ of mandamus and a motion to proceed "in forma pauperis." This is her second petition for writ of mandamus on the same subject.
Absent a specific exemption, the Clerk of the Court must collect filing fees at the time a document is presented for filing. TEX. R. APP. P. 12.1(b); Appendix to TEX. R. APP. P., Order Regarding Fees (July 21, 1998). See also TEX. R. APP. P. 5; 10TH TEX. APP. (WACO) LOC. R. 5; TEX. GOV'T CODE ANN. § 51.207(b) (Vernon 2005). Under these circumstances, we suspend the rule and order the Clerk to write off all unpaid filing fees in this case. TEX. R. APP. P. 2.
For the reasons expressed in our prior opinion, the petition for writ of mandamus is dismissed for want of jurisdiction. See In re Williamson, No. 10-06-00397-CV, 2006 Tex. App. LEXIS 10989 (Tex.App. — Waco Dec. 20, 2006, orig. proceeding). Williamson's motion for leave to file her petition is dismissed as moot. Likewise, the motion to proceed without the advance payment of cost is dismissed as moot.
Pet. dismissed
Motions dismissed