In Re Author J. Manning II and Graffics Knights, LLC v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 8, 2024
• Docket: 03-24-00589-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00589-CV

In re Author J. Manning II and Graffics Knights, LLC

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

Relator Author J. Manning, appearing pro se, has filed several documents with

this Court which we construe as a petition for writ of mandamus, complaining that the local

administrative judge of Travis County denied permission to file proposed litigation. Manning is

a vexatious litigant subject to a pre-filing order that prohibits him from filing new pro se

litigation without obtaining permission from the appropriate local administrative judge. See Tex.

Civ. Prac. & Rem. Code § 11.102(a).

The decision of a local administrative judge denying a litigant permission to file

suit may not be appealed “except that the litigant may apply for a writ of mandamus with the

court of appeals not later than the 30th day after the date of the decision.” Id. § 11.102(f).

Manning was notified in writing that the local administrative judge denied permission to file on

July 15, 2024, but Manning’s petition was not received by this Court until September 4, 2024.

Because Manning failed to file a timely mandamus petition pursuant to Texas Civil Practice and

Remedies Code Section 11.102(f), this Court is without jurisdiction over the petition for writ of mandamus. See In re Nixon, No. 03-22-00299, 2022 WL 1720087 (Tex. App.—Austin

May 27, 2022, orig. proceeding) (mem. op.); In re Johnson, 390 S.W.3d 584, 586 (Tex. App.—

Amarillo 2012, orig. proceeding).

We dismiss the petition for writ of mandamus for want of jurisdiction.

__________________________________________ Edward Smith, Justice

Before Chief Justice Byrne, Justices Smith and Theofanis

Filed: November 8, 2024