in Re Barry Dwayne Minnfee

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-08-375 CV

IN RE BARRY DWAYNE MINNFEE

Original Proceeding

MEMORANDUM OPINION

Barry Dwayne Minnfee filed a petition for writ of mandamus through which he seeks to compel the trial court to grant permission for Minnfee to file a suit notwithstanding his status as a vexatious litigant. See Tex. Civ. Prac. & Rem. Code Ann. § 11.102 (Vernon 2002).

To obtain mandamus relief, a relator must show both that the trial court clearly abused its discretion and that the relator has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004). The relator has not established that the trial court abused its discretion in refusing to grant leave to file the petition submitted by Minnfee. Accordingly, the petition for writ of mandamus is denied.

PETITION DENIED.

PER CURIAM

Opinion Delivered October 23, 2008

Before McKeithen, C.J., Gaultney and Kreger, JJ.