in Re Barry Dwayne Minnfee

Opinion

Order filed November 20, 2012

In The

Fourteenth Court of Appeals

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NO. 14-12-01030-CV

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IN RE BARRY DWAYNE MINNFEE, Relator

On Appeal from the 400th District Court Fort Bend County, Texas

Trial Court Cause No. 07-DCV-158888

ORDER

On November 13, 2012, relator, Barry Dwayne Minnfee, filed a petition for writ of mandamus in this court. See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52. Barry Dwayne Minnfee has been declared a vexatious litigant and is therefore subject to the pre-filing order under section 11.101 of the Texas Civil Practice and Remedies Code. Tex. Civ. Prac. & Rem. Code §§ 11.101, 11.103 (West Supp. 2012).

Under section 11.103(a), the clerk of this court may not file an original proceeding presented by a vexatious litigant subject to a pre-filing order under section 11.101 unless the litigant obtains an order from the local administrative judge permitting the filing. Tex. Civ. Prac. & Rem. Code Ann. § 11.103(a) & (d) (West Supp. 2012). This court will therefore consider dismissal of this appeal unless Barry Dwayne Minnfee, within 10 days of the date of this order, shows that he has obtained an order from the local administrative judge permitting the filing of this original proceeding. See Tex. Civ. Prac. & Rem. Code Ann. § 11.103(a) (West Supp. 2012).

PER CURIAM