in Re: R Wayne Johnson, Relator

• Court: Court of Appeals of Texas
• Decided: January 16, 2004
• Docket: 07-04-00009-CV
• Status: Published

Opinion

NO. 07-04-0009-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

JANUARY 16, 2004

______________________________

IN RE R. WAYNE JOHNSON, RELATOR

_________________________________

Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

Relator R. Wayne Johnson seeks writs of mandamus and prohibition against respondent Honorable John Board, alleged to be the local Potter County Administrative Judge, and respondent Caroline Woodburn, District Clerk of Potter County.

In his petition, relator alleges that he has previously been declared a vexatious litigant pursuant to Tex. Civ. Pract. & Rem. Code Ann. ch. 11; that respondent Woodburn has refused to file "relator's lawsuit" until relator has complied with TCPRC chapters 14 and 11; and that respondent Board is, therefore, unable to give permission for the filing of relator's suit. In support of the petition for writs, relator attached no documents or records other than a Motion to Proceed in Forma Pauperis. In a proceeding such as this, it is the relator's burden to show entitlement to the relief being requested. See generally Johnson v. Fourth District Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985) (orig. proceeding).

Relator's petition contains only allegations. Relator has not presented a record which shows entitlement to the relief sought, or upon which we are authorized to act.

The petition for writs of mandamus and prohibition is denied.

Phil Johnson

Chief Justice

appeal only, and find that appellant has voluntarily dismissed his appeals by virtue of his testimony during the hearing, despite his lack of compliance with that rule. See Conners v. State, 966 S.W.2d 108, 110-11 (Tex.App.--Houston [1^st Dist.] 1998, pet. ref'd). Therefore, because the record shows appellant no longer wishes to pursue his appeals, they are hereby dismissed.

Having dismissed these appeals as requested by appellant, no motions for rehearing will be entertained and our mandates will issue forthwith.

John T. Boyd

Do not publish.