§ 14.010.Dismissal of Claim
Title 2. Trial, Judgment, and Appeal · Subtitle A. General Provisions · Chapter 14. Inmate Litigation · Last amended 1995 · Last verified August 29, 2026
Full Text of § 14.010
Plain-English Summary
A short section with three rules, and the third is the consequential one.
The court may enter an order dismissing the entire claim or a portion of the claim.
Partial dismissal is the useful power. A filing may contain one arguable claim among several that are not, and this allows the sound part to proceed rather than forcing an all-or-nothing decision.
Where a portion is dismissed, the court shall designate the issues and defendants on which the claim may proceed, subject to the fee and cost provisions.
The designation requirement produces clarity everyone needs. After a partial dismissal, the remaining defendants and issues are stated in the order rather than inferred from what was struck.
The cross-reference to the cost sections matters too, since a surviving claim still carries the fee obligations, and a partial dismissal does not reduce them by itself.
An order under this section is not subject to interlocutory appeal by the inmate.
That closes a route the chapter could not afford to leave open. A dismissal order that could be appealed immediately would generate a second proceeding from every screening decision — and appeals are themselves within the chapter’s scope.
Note the limitation: "by the inmate". The bar is one-directional on its face, and it says nothing about an appeal by another party.
The order remains reviewable in the ordinary way. A final dismissal is appealable; what is barred is an immediate appeal from a partial one.
Frequently Asked Questions
Can part of an inmate’s claim be dismissed?
Yes. The court may dismiss the entire claim or a portion of it, and must designate the issues and defendants on which it may proceed.
Can the inmate appeal immediately?
No. An order under this section is not subject to interlocutory appeal by the inmate.
Do fees still apply to what survives?
Yes. The surviving claim remains subject to the chapter’s fee and cost provisions.
Amendment History
- Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.