Opinion issued February 10, 2015

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 1 4
- 00 6 2 5
- CV

——————————— STEVEN MOODY , Appellant

V. SPRING CHRYSLER DODG E JEEP RAM DEALERSHIP CO. AND AUTO NATION CORP ORATION , Appellees

On Appeal from the 133rd Judicial District Court

Harris County, Texas Trial Court Cause No. 2014
- 26991

MEMORANDUM OPINION Appellant , Steven Moody, proceeding pro se and incarcerated at the time of filing his notice of appeal from the interlocutory orders granting the appellees’ motions for summary judgment , has neither paid the required filing fee no r2

established indigence for purposes of appellate costs. See T EX . R. A PP . P. 5, 20.1; see also T EX . G OV ’ T C ODE A NN . §§ 51.207, 51.208, 51.941(a), 101.041(1) (West 2013), § 101.0411 (West Supp. 2014); Order Regarding Fe es Charged in t he Supreme Court , in Civil Cases in the Courts of Appeals , and Before the Judicial Panel on Mul ti

- D istrict Litigation, Misc. Docket No. 13

- 91 27 (Tex. Aug. 16 , 20 13 )

. After being notified by the Clerk of this Court on August 1 4 , 2014, that his appeal was subject to dismissal for failure to pay the fee, appellant filed a motion for an extension of time to pay the fee on August 28, 2014 , claiming that he had filed an affidavit of indigenc e in the trial court on July 24, 2014. Although appellant claimed that he had established his indigenc e and t he trial clerk’s website indicated that the trial clerk had filed a contest to the affidavit, no order regarding the contest had been included in the record. Furthermore, o n September 25, 2014, appellees notified the Clerk of this Court that the trial cour t had recently signed an order severing the John Doe defendants that appellant had sued. On October 30, 2014, this Court ordered the trial clerk to file a supplemental clerk’s record containing the orders regarding the severance motions and the contest to appellant’s affidavit of indigence. On January 5, 2015, the trial clerk filed a supplemental clerk’s record containing the trial clerk’s contest to the appellant’s affidavit and motion for extension of time for a hearing on the contest, but no order rega rding the contest or motion . The trial3

clerk also filed the trial court’s September 23, 2014 order granting the appellees’ motions for severance , making the interlocutory orders now final and appealable

. However, t he Court’s October 30, 2014 Order was returned on November 17, 2014, with the following typed notations, “RETURN TO SENDER,
ATTEMPTED

— NOT KNOWN, UNABLE TO FORWARD,” and the following handwritten notation, “RTS RLSD,” indicating that it was returned to se nder because appellant had been released from prison. On December 30, 2014 , the Clerk of this Court notified appellant , at his last known prison address provided by him, that this appeal was subject for dismissal for want of prosecution unless he provided the Clerk his current address within 15 days of the date of that notice. On January 9, 2015, the Clerk’s n otice was returned with the same “RTS RLSD” notations listed above. A ppellant has neither paid the filing fee nor responded to the Court’s notices with any other address

. See T EX
. R. A PP
. P. 5; 42.3(c). Accordingly, w e dismiss the appeal for want of prosecution. See T EX . R.
A PP . P. 5, 42.3(b), (c). We dismiss any pending motions as moot. PER CURIAM Panel consists of Justices Keyes, Bland, and Massengale.