Perales v. Kinney

OPINION

MIRABAL, Justice.

This is' an appeal from the trial court’s dismissal of appellant Teodulo Perales’ pro se in forma pauperis suit. Appellant sought recovery under the Texas Tort Claims Act for injuries he alleged resulted from appel-lee’s negligence. Without motion or hearing, the trial court dismissed his claim as frivolous pursuant to Tex.Civ.Prac. & Rem.Code Ann. § 13.001 (Vernon Supp.1994). We affirm.

In his sole point of error, appellant asserts the trial court abused its discretion when it dismissed appellant’s lawsuit.

Appellant, a state prison inmate, sued S.O. Kinney in his…