Robert A. Magoon v. Amparo Lopez et al--Appeal from 23rd District Court of Brazoria County

State: Texas

Court: Texas Northern District Court

Docket No: 11-03-00205-CV

Case Date: 10/02/2003

Plaintiff: Robert A. Magoon

Defendant: Amparo Lopez et al--Appeal from 23rd District Court of Brazoria County

Preview:Robert A. Magoon v. Amparo Lopez et al--Appeal from
23rd District Court of Brazoria County
11th Court of Appeals
Eastland, Texas
Memorandum Opinion
Robert A. Magoon
Appellant
Vs. No. 11-03-00205-CV B Appeal from Brazoria County
Amparo Lopez et al
Appellees
Robert A. Magoon alleged that appellees, all employees of the Texas Department of Corrections - Institutional
Division, were Agrossly and personally negligent in their reckless disregard@ of his free speech rights and his right
against unreasonable searches in their handling of his mail as an inmate in the Wayne Scott Unit. Appellant sought to
recover $80,000 as compensatory damages; $5,000 in actual damages from each appellee; and $15,000 in punitive
damages from each appellee. The trial court dismissed appellant=s claim. Appellant then perfected this appeal.
While he filed a notice of appeal, appellant failed to pay the required filing fee. When this court requested the filing
fee, appellant responded by filing a motion to proceed in forma pauperis. The motion did not comply with the
requirements of TEX.R.APP.P. 20.1. On September 4, 2003, this court overruled the motion and ordered appellant to
pay the $125 filing fee on or before September 19, 2003. Appellant was also informed that failure to do so could result
in the dismissal of the appeal. Appellant has responded by filing a motion to reconsider his motion to proceed in forma
pauperis.
The original motion failed to comply with the requirements of Rule 20.1. Therefore, the motion to reconsider is
overruled, and the appeal is dismissed. TEX.R.APP.P. 42.3(c).
PER CURIAM
October 2, 2003
Not designated for publication. See TEX.R.APP.P. 47.2(a).
Panel consists of: Arnot, C.J., and
Wright, J., and McCall, J.
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