## NO. 12

- 13

- 00283

- CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

CHARLES CHRISTOPHER LANCASTER, APPELLANT

V.
NATRENIA L. HICKS, E T AL, APPELLEE S §

§

§ APPEAL FROM THE 3 RD

JUDICIAL DISTRICT COURT

HOUSTON COUNTY, TEXA S

MEMORANDUM OPINION Charles Christopher Lancaster, an inmate, appeals the trial court’s order dismissing his lawsuit. Lancaster filed an affidavit of indigence along with his notice of appeal. We dismiss the appeal as frivolous.

I NMATE L ITIGATION

– C HAPTER 14 Effective January 1, 2012, Chapter 14 of the Texas Civil Practice and Remedies Code was amended to apply to an action, including an appeal or an original proceeding, brought by an inmate in a district, county, justice of the peace, or small claims court or an appellate 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. 2012). This means that the requirements of Chapter 14 apply when inmates file an appeal or an original proceeding in an appellate court just as 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” i n which the inmate must detail all previous actions filed pro se, other than a suit under the Texas Family Code. Id

. § 14.004( a) (West Supp. 2012). The affidavit or declaration must be accompanied by a certified copy of his “inmate trust account statemen t” that “reflect[s] the balance of the account at the time the claim is filed and activity in the account during the six2

months preceding the date on which the claim is filed.” Id . § 14.004(c) (West Supp. 2012). 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 t he inmate fail s to file the affidavit or declaration with the required information about previous filing s and the inmate trust account statement , the trial court can dismiss the action without notice or hearing. 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.

– 2003, n o pet.). Further, when an inmate fails to comply with requirements for the affidavit or declaration 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 frivolou s. Bell v. Tex. Dep’t of Criminal Justice

– Institutional Div. , 962 S.W.2d 156, 158 (Tex. App.

– 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 court s should not also now apply to actions filed in appellate courts. See Douglas v. Turner , No. 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 , Lancaster did not file an a ffidavit of previous filings accompanied by a certified copy of his inmate trust account. Because the requirements of Chapter 14 now apply to inmate proceedings in the courts of appeals, caselaw permits us to dismiss Lanc aster’s appeal
without notice.

C O NCLUSION Lancaster did not comply with the Chapter 14 requirements for an affidavit of previous filings and an inmate trust account statement. Therefore, we dismiss this appeal as frivolous.
See Bell , 62 S.W.2d at 158.



### S AM 

### G RIFFITH Justice
Opinion de livered November 13 , 2013

. Panel consiste d of Worthen, C.J., Griffith, J., and Hoyle, J.

( PUBLISH )

## COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

NOVEMBER 13 , 2013

NO. 12

- 13

- 00283

- CV

CH ARLES CHRISTOPHER LA NCASTER,

Appellant V. NATRENIA L. HICKS, E T AL,

Appellee s

Appeal from the 3rd District Court of Houston County, Texas (Tr.Ct.No. 13

- 0163) THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the op inion 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.
Sam Griffit h , Justice

. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.