## NO. 12

- 14

- 00299

- CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MICHAEL KENNEDY, APPELLANT

V.

THE TEXAS COURT OF C RIMINAL APPEALS, AUSTIN, TEX AS, ET AL, APPELLEE S §

§

§ APPEAL FROM THE 3 RD

JUDICIAL DISTRICT COURT

ANDERSON COUNTY, TEX AS

M EMORANDUM OPINION PER CURIAM Michael Kennedy appeals “from a lawsuit in No. 3

- 41298 of the 3r d Judicial District
Court for Anderson County, Texas. ” We dismiss the appeal as frivolous.

I NMATE L ITIGATION

— C HAPTER 14
Effective Jan uary 1, 2012, Chapter 14 of the Texas Civil Practice and Remedies Code
was amended to a p ply to an action, including an appeal or an original proceeding, b r ought by an inmate in a district, county, justice of the peace, or small claims court, or an appellat e court in which an affidavit of indigence is also filed. T EX

. C IV

. P RAC

. & R EM

. C ODE A NN

. § 14.002 (West Supp. 2014). This means that the requirements of Chapter 14 apply when inmates file an appeal or an original proceeding in an appellate court just a s when they file an action in a trial

court. See id. Chapter 14 requires an inmate to file an affidavit or declaration “relating to previous filings” in which the inmate must detail all previous actions filed pro se, other than a suit under
the Texas Fam ily Code. Id. § 14.004(a) (West Supp. 2014). The affidavit or declaration must be accompanied by a certified copy of his “inmate trust account statement” that “reflect[s] the balance of the account at the time the claim is filed and activity in the accou nt during the six2

months preceding the date on which the claim is filed.” Id. § 14.004(c) (West Supp. 2014). The filings required under Chapter 14 are “an essential part of the process by which courts review inmate litigation.” Hickson v. Moya , 926 S.W. 2d 397, 399 (Tex. App.

– Waco 1996, no writ). If the inmate fails to file the affidavit or declaration with the required information about previous filings or the inmate trust account statement, the trial court can dismiss the action
without notice or heari ng. See, e.g. , Amir

– Sharif v. Mason , 243 S.W.3d 854, 857 (Tex. App.

– Dallas 2008, no pet.); Thompson v. Rodriguez , 99 S.W.3d 328, 330 (Tex. App.

– Texarkana 2003, no pet.). Further, when an inmate fails to comply with the requirement for the affidavit or
de claration of previous filings, the trial court may assume that the current action is substantially similar to one previously filed by the inmate and thus is frivolous. Bell v. Tex. Dep’t of Criminal Justice

–

Institutional Div. , 962 S.W.2d 156, 158 (Tex. Ap p.

– Houston [14th Dist.] 1998, pet. denied). We see no reason why this caselaw interpreting the Chapter 14 requirements as they apply to actions filed in trial courts should not also now apply to actions filed in appellate

courts. See Douglas v. Turner , N o . 10

- 13

- 00031

- CV, 2013 WL 2245653, at *1 (Tex. App.

– Waco May 9, 2013, no pet.) (op., not yet released for publication). In this appeal, Kennedy did not file an affidavit or declaration of previous filings. Because the requirements of Chapter 14 now appl y to inmate proceedings in the courts of appeals, caselaw permits us to dismiss Kennedy’s appeal without notice.

D ISPOSITION W e dismiss this appeal as frivolous. See Bell
, 9 62 S.W.2d at 158

. Opinion delivered October 22, 2014. Panel consisted of Worthen , C.J., Griffith, J., and Hoyle, J.

( PUBLISH )

## COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

OCTOBER 2 2 , 2014

NO. 12

- 14

- 00299

- CV

MICHAEL KENNEDY, Appellant V. THE TEXAS COURT O F CRIMINAL APPEALS, AUSTIN, TEXAS, ET AL , Appellee s

Appeal from the 3rd District Court of Anderson County, Texas (Tr.Ct.No. 3

- 41298) THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court that this appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed ; and that this decision be certified to the court
below for observance.

By per curiam opinion

. Panel consist ed of Worthen, C.J., Griffith, J., and Hoyle , J

.