in Re: Tracy Nixon

Court of Appeals of Texas·Decided January 20, 2022·No. 05-22-00021-CV·Published

Opinion

DENY and Opinion Filed January 20, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00021-CV

IN RE TRACY NIXON, Relator

Original Proceeding from the 162nd Judicial District Court Dallas County, Texas

MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Reichek In this original proceeding, relator is a vexatious litigant subject to a prefiling

order under chapter 11 of the civil practice and remedies code. See TEX. CIV. PRAC.

& REM. CODE § 11.101. He challenges the Local Administrative Judge’s order

denying his request for permission to file new litigation.

Entitlement to mandamus relief requires relator to show that the trial court

clearly abused its discretion and that he lacks an adequate appellate remedy. In re

Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Based

on our review of the petition and the record, we conclude that relator has failed to show his entitlement to the relief requested. See TEX. R. APP. P. 52.8(a).

Accordingly, we deny the petition for writ of mandamus.

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE

220021F.P05

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Related

In Re Prudential Insurance Co. of America
148 S.W.3d 124 (Texas Supreme Court, 2004)