In Re R Wayne Johnson v. the State of Texas

Opinion

Opinion issued October 16, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00786-CV ——————————— IN RE R. WAYNE JOHNSON, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator R. Wayne Johnson seeks a writ of mandamus to compel the

respondent to vacate an order dismissing his underlying suit.1

“A court may, on its own motion or the motion of any party, enter an order

prohibiting a person from filing, pro se, a new litigation in a court to which the

1 The underlying case is R. Wayne Johnson v. U.S. Postal (Employees), U.S. Post Office: Richmond, TX 77469, cause number 22-CCV-070685, pending in the County Court at Law No. 5 of Fort Bend, County, Texas, the Honorable Teana V. Watson presiding. order applies under this section without permission of the appropriate local

administrative judge described by [Texas Civil Practice and Remedies Code]

[s]ection 11.102(a) to file the litigation if the court finds, after notice and hearing

. . . that the person is a vexatious litigant.” T EX. CIV. PRAC. & REM. CODE

§ 11.101(a). A vexatious litigant order signed by a district court applies to every

court in the State of Texas. See id. § 11.101(e).

Relator has been declared a vexatious litigant and is the subject of three pre-

filing orders, prohibiting him from filing, pro se, new litigation without seeking the

permission of an appropriate local administrative judge. See TEX. CIV. PRAC. &

REM. CODE § 11.101, 11.102. The most recent pre-filing order was signed by a

Travis County district court in Johnson v. Bell, No. D-1-GN10-001424 (345th Dist.

Ct., Travis County, Tex., Aug. 26, 2010). See Office of Court Administration, List

of Vexatious Litigants Subject to a Pre-Filing Order,

https://www.txcourts.gov/judicial-data/vexatious-litgants/ (last visited October 3,

2025); see also TEX. CIV. PRAC. & REM. CODE § 11.104(b) (requiring Office of

Court Administration to maintain and post list of vexatious litigants on agency’s

website); Douglas v. Porter, No. 14-10-00055-CV, 2011 WL 1601292, at *1 n.2

(Tex. App.—Houston [14th Dist.] Apr. 26, 2011, pet. denied) (mem. op.) (“A court

may . . . take judicial notice of a prior finding that [a party] is a vexatious

litigant.”).

2 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 § 11.103(a). Here, relator’s

petition for writ of mandamus is not an appeal from a pre-filing order declaring

him a vexatious litigant, and the mandamus record does not contain any order from

the local administrative judge permitting the filing of this pro se original

proceeding.

Accordingly, we dismiss relator’s petition for writ of mandamus for lack of

jurisdiction. Any pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Rivas-Molloy, Gunn, and Caughey.