in Re R. Wayne Johnson

Court of Appeals of Texas·Decided July 8, 2021·No. 14-21-00314-CV·Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed July 8, 2021.

In The

Fourteenth Court of Appeals

NO. 14-21-00314-CV

IN RE R. WAYNE JOHNSON, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS County Court at Law No. 2 & Probate Court Brazoria County, Texas Trial Court Cause No. 162563

MEMORANDUM OPINION

On June 8, 2021, relator R. Wayne Johnson filed a petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. Relator 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. See Tex. Civ. Prac. & Rem. Code Ann. §§ 11.101, 11.103. 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, or the petition for a writ of mandamus is from a pre- filing order entered under section 11.101 designating a person a vexatious litigant. Tex. Civ. Prac. & Rem. Code Ann. § 11.103(a) & (d). This is not a petition for a writ of mandamus from a pre-filing order entered under section 11.101.

Relator has not responded to our June 9, 2021, letter and has not shown that he has obtained an order from the local administrative judge permitting the filing of this original proceeding.

We ORDER the petition for writ of mandamus DISMISSED.

PER CURIAM

Panel consists of Justices Bourliot, Poissant, and Wilson.

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Related

§ 11.101
Texas CP § 11.101
§ 11.103
Texas CP § 11.103(a)