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Walter Lee Hall, Jr v. the Honorable J. David Phillips, In Both His Official and Personal

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ORDER

Appellant Walter Lee Hall Jr. filed his notice of appeal on November 24, 2010, accompanied by an affidavit of indigence. On January 4, 2011, we sent the district clerk’s office a letter inquiring into the status of the clerk’s record. To date, the clerk’s office has not filed the record. Under the rules of appellate procedure, Hall is deemed to be indigent unless a contest was filed and sustained. See Tex. R. App. P. 20.1(f); see also id. R. 20.1(e) (trial court clerk, court reporter, or party may file contest). We therefore order the clerk’s office either to provide proof that a proper and timely contest to Hall’s affidavit was filed and sustained or, if no such contest was filed, to prepare and file the record, at no expense to Hall, no later than May 13, 2011.

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