Lawsuits brought by people who are in jail are subject to different rules, which are spelled out in Chapter 14 of the Civil Practice and Remedies Code. Noncompliance constitutes ground for dismissal without the need for a hearing even, but the dismissal should be without prejudice, as the First Court of Appeals makes clear in an opinion issued December 8, 2011.
The trial courts are given broad discretion to determine whether a suit brought by an inmate should be dismissed because (1) prisoners have a strong incentive to litigate; (2) the government bears the cost of an in forma pauperis suit; (3) sanctions are not effective; and (4) the dismissal of unmeritorious claims accrues to the benefit of state officials, courts, and meritorious claimants. See Williams v. Tex. Dep’t of Criminal Justice, 176 S.W.3d 590, 593 (Tex. App.—Tyler 2005, pet. denied). When a trial court does not state the basis for its dismissal, we will affirm the dismissal if it is proper under any legal theory. Walker v. Gonzales Cnty. Sheriff’s Dep’t, 35 S.W.3d 157, 162 (Tex. App.—Corpus Christi 2000, pet. denied).
Legal Principles
A party who is unable to afford trial court costs may file an affidavit of indigence that conforms with the requirements of Rule 145 of the Texas Rules of Civil Procedure. Tex. R. Civ. P. 145(a), (b). An inmate who brings a suit in which he has filed an affidavit of indigence or an unsworn declaration of inability to pay costs must also comply with the procedural requirements set forth in Texas Civil Practice and Remedies Code Chapter 14. Tex. Civ. Prac. & Rem. Code Ann. § 14.002(a) (Vernon Supp. 2011); Scott, 209 S.W.3d at 265.
Civil Practice and Remedies Code sections 14.004 and 14.006 require that an inmate file in the trial court, along with his affidavit of indigence or unsworn declaration of inability to pay costs, a certified copy of his inmate trust account statement. Tex. Civ. Prac. & Rem. Code Ann. §§ 14.004(c) (Vernon Supp. 2011), 14.006(f) (Vernon 2002). Section 14.006(f) requires that the inmate file a statement that “reflect[s] the balance of the account at the time the claim is filed and activity in the account during the six months preceding the date on which the claim is filed.” Tex. Civ. Prac. & Rem. Code Ann. § 14.006(f).
“A prisoner at a Texas Department of Criminal Justice [facility] who has no money or property is considered indigent.” McClain v. Terry, 320 S.W.3d 394, 397 (Tex. App.—El Paso 2010, no pet.) (citing Allred v. Lowry, 597 S.W.2d 353, 355 (Tex. 1980)). However, “[a]n inmate who has funds in his trust account is not indigent.” Id. (citing Tex. Civ. Prac. & Rem. Code Ann. § 14.006(b)(1)). An inmate’s trust funds may be utilized for payment of costs. Id.
Failure to fulfill the Chapter 14 procedural requirements may result in the dismissal of the inmate’s suit before or after service of process. See Tex. Civ. Prac. & Rem. Code Ann. § 14.003(a)(1), 14.006(h) (Vernon 2002); Scott, 209 S.W.3d at 265 (“A trial court may dismiss an inmate’s lawsuit for failing to comply with the procedural requirements of Chapter 14.”); Bell v. Texas Dep’t of Criminal Justice, 962 S.W.2d 156, 158 (Tex. App.—Houston [14th Dist.] 1998, pet. denied)).
Dismissal
The record before us does not reflect that Yates filed a certified copy of his inmate trust account statement with his declaration of inability to pay costs in the trial court, as required. See Tex. Civ. Prac. & Rem. Code Ann. § 14.004(c), 14.006(f). The requirement to file a statement of the inmate trust account is mandatory, and Yates’s failure to file the statement is sufficient grounds for the trial court’s dismissal of his suit. See id. § 14.003(a); Williams v. Brown, 33 S.W.3d 410, 412 (Tex. App.—Houston [1st Dist.] 2000, no pet.); see also Jedkins v. Varghese, No. 14-08-00895-CV, 2009 WL 5149877, at *2 (Tex. App.—Houston [14th Dist.] Dec. 31, 2009, no pet.) (mem.op., not designated for publication) (“Chapter 14 does not provide an inmate with the right to file a suit without the trust account statement, no matter the reason that the inmate has not provided it.”).
Yates complains that the trial court did not rule on his second affidavit of indigence, which he filed October 20, 2008. The record reflects, however, that the trial court had just days before, on October 6, 2008, ruled on Yates’s first declaration of indigence. See Tex. Civ. Prac. & Rem.Code Ann. § 14.004(c) (allowing unsworn declaration of inability to pay costs). In his brief on appeal, appellant acknowledges that his first “request to proceed without costs contained in [the] Petition was recognized by the trial court.” Moreover, the record reflects that Yates also failed to attach a copy of his inmate trust account to his second affidavit of indigence. After the trial court’s dismissal, appellant filed a statement of his inmate trust account in conjunction with his affidavit of indigence for costs on appeal.
In addition, appellant complains that the trial court failed to notify him of a deficiency in his declaration of inability to pay costs prior to dismissing his suit. Because a trial court may dismiss a suit that fails to comply with Chapter 14 either before or after service of process and without a hearing, a trial court has no duty to suggest or recommend that an appellant amend his pleading. See Tex. Civ. Prac. & Rem. Code Ann. § 14.003(c); Hickman v. Adams, 35 S.W.3d 120, 125 (Tex. App.—Houston [14th Dist.] 2000, no pet.).
Because the trial court did not specify the grounds for dismissal, we will affirm the decision if any theory is meritorious. See Walker, 35 S.W.3d at 162. Because Yates failed to file a certified copy of his inmate trust account statement with his declaration of inability to pay costs in the trial court, as required, we hold that the trial court did not abuse its discretion by dismissing Yates’s suit. See Tex. Civ. Prac. & Rem.Code Ann. § 14.004(c), 14.006(f); Brown, 33 S.W.3d at 412.
Accordingly, we overrule appellant’s issue.
The dismissal order does not, however, state whether the dismissal is with or without prejudice. “Dismissal with prejudice constitutes adjudication on the merits and operates as if the case had been fully tried and decided.” Brown, 33 S.W.3d at 412 (quoting Lentworth v. Trahan, 981 S.W.2d 720, 722 (Tex. App.—Houston [1st Dist.] 1998, no pet.)). In the present case, dismissal without prejudice is proper. We modify the judgment to reflect that the cause is dismissed “without prejudice.”
Conclusion
As modified, the judgment is affirmed. We dismiss pending motions as moot.
PER CURIAM
Panel consists of Justices Jennings, Sharp, and Brown.
SOURCT: FIRST COURT OF APPEALS – HOUSTON – CASE NO 01-09-00031-CV – OPINION OF 12/8/11
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