In Re: Tracy Nixon v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 21, 2024
• Docket: 05-24-00113-CV
• Status: Published

Opinion

DISMISS and Opinion Filed February 21, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00113-CV

IN RE TRACY NIXON, Relator

Original Proceeding from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-08065

MEMORANDUM OPINION Before Justices Pedersen, III, Reichek, and Carlyle Opinion by Justice Reichek We vacate our order dated February 5, 2024. Relator has been declared a

vexatious litigant and is prohibited from filing any new litigation in a court of this

State pro se without first obtaining permission from the appropriate local

administrative judge. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.102(a). Before

the Court is relator’s February 2, 2024 petition for writ of mandamus. Relator

challenges a January 2, 2024 order of a local administrative judge denying relator’s

request to file a new lawsuit.

When a local administrative judge denies a litigant permission to file

litigation, a litigant may apply for a writ of mandamus with the court of appeals, but the application must be filed “not later than the 30th day after the date of the

decision.” Id. § 11.102(f). Here, the administrative judge denied relator’s request to

file litigation on January 2, 2024. Thus, relator’s deadline to apply for a writ of

mandamus was February 1, 2024. Relator did not file his petition for writ of

mandamus until February 2, 2024. Nixon therefore failed to timely file a mandamus

petition pursuant to § 11.102(f). See In re Nixon, No. 03-22-00299-CV, 2022 WL

1720087, at *1 (Tex. App.—Austin May 22, 2022, orig. proceeding) (mem. op.).

Accordingly, we dismiss the petition for writ of mandamus for want of

jurisdiction.

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE

240113F.P05

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