In Re Darrell J. Harper v. the State of Texas
Opinion
Opinion issued November 14, 2024
In The
Court of Appeals
For The
First District of Texas
Generally, the Clerk of this Court may not file an appeal or original proceeding in a civil matter presented by a vexatious litigant subject to a pre-filing order unless: (1) the litigant first obtains an order from the local administrative judge permitting the filing or (2) the litigant is appealing from a pre-filing order declaring the person a vexatious litigant. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.103(a). Here, relator has not provided the Court with any indication that he obtained permission from the local administrative judge prior to filing his mandamus petition.
However, relator’s petition appears to challenge two orders of the Honorable Latosha Lewis Payne, the Local Administrative District Judge of Harris County, Texas, including: (1) a September 3, 2024 order denying relator’s request to pursue a lawsuit “against the State of Texas, Governor Greg Abbott[,] and the Texas Attorney General” and (2) an October 14, 2024 order denying relator’s request to “declare void the order that adjudicated [relator] as a vexatious litigant.”
Our review of relator’s mandamus petition reflects that relator has failed to establish that he is entitled to mandamus relief. Accordingly, we deny relator’s petition for writ of mandamus. We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Rivas-Molloy and Gunn.
Cause No. 2024-33938, in the 334th District Court of Harris County, Texas, the Honorable Dawn Rogers presiding.
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