In Re Darrell J. Harper v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 14, 2024
• Docket: 01-24-00847-CV
• Status: Published

Opinion

Opinion issued November 14, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00847-CV ——————————— IN RE DARRELL J. HARPER, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator, Darrell J. Harper, a vexatious litigant subject to a pre-filing order,

filed a pro se petition for writ of mandamus, in which he requested that this Court

issue a writ of mandamus to “lift sanction put in place to keep relator at or below the

federal poverty level” and to further “instruct [the] trial court to reinstate lawsuits.”1

1 The respondent is the Honorable Latosha Lewis Payne, the Local Administrative District Judge of Harris County, Texas. The underlying case is Darrell J. Harper v. The State of Texas, Governor Greg Abbott, and the State of Texas Attorney General, 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.