in Re R. Wayne Johnson

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

_________________ NO. 09-13-00209-CV _________________

IN RE R. WAYNE JOHNSON

________________________________________________________________________

Original Proceeding ________________________________________________________________________

MEMORANDUM OPINION

On May 2, 2013, we received a petition for writ of mandamus from R.

Wayne Johnson. Johnson is a vexatious litigant subject to prefiling orders. Tex.

Civ. Prac. & Rem. Code Ann. § 11.104 (West Supp. 2012); see

http://www.courts.state.tx.us/oca/VexatiousLitigants.asp. A clerk of a court may

not file an original proceeding presented by a vexatious litigant subject to a

prefiling order unless the litigant obtains an order from the local administrative

judge permitting the filing. Tex. Civ. Prac. & Rem. Code Ann. § 11.103(a) (West

Supp . 2012). On May 9, 2013, we notified the parties that the petition was subject

to the prefiling requirement. Id. § 11.103(c). We have not received notice that the

1 local administrative judge has permitted the filing of litigation by Johnson. See

Tex. Civ. Prac. & Rem. Code Ann. § 11.102(a) (West Supp . 2012). Accordingly,

the original proceeding is dismissed as improvidently filed. Tex. Civ. Prac. & Rem.

Code Ann. § 11.103(b).

PETITION DISMISSED.

PER CURIAM

Opinion Delivered June 13, 2013 Before Gaultney, Kreger, and Horton, JJ.