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Summers v. State of Texas Department of Criminal Justice

Because inmate Anthony Leon Summers did not comply with the requirements of Texas Civil Practice and Remedies Code ��14.004 and 14.005, the trial court did not abuse its discretion in dismissing his case without prejudice. Beaumont Court of Appeals, No. 09-07-239-CV.

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OPINION

Anthony Leon Summers, an inmate, appeals from the trial court’s dismissal of his pro se petition. The trial court determined that Summers failed to comply with Chapter 14 of the Texas Civil Practice and Remedies Code, which applies to inmates proceeding in forma pauperis. See Tex. Civ. Prac. & Rem. Code Ann. §§ 14.001-14.014 (Vernon 2002). In two separate orders, the trial court dismissed all of Summers’s claims. Because we find the trial court did not abuse its discretion in dismissing Summers’s claims without prejudice, we affirm.

Summers sued eighteen defendants, who all were individual employees of the Texas Department of Criminal Justice, Corrections Division: Kenny Allen, James Barefield, Ronald Breaux, Jr., Jerry Daws, David Doughty, Hilary Flood, Paula Foy, Wesley Freeman, Terry Gibson, Gatta Harmon, Jr., Mecheal Jackson, William Kountz, Beth Lord, Alex Mayfield, Reginald McKinney, Clarence Mosley, Jr., Shereda Polk and Bonnie Young. Six defendants (Daws, Flood, Freeman, Kountz, Lord, and McKinney) filed answers. The remaining twelve defendants never answered, and nothing in the record indicates that they were ever served.

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