Tracy Nixon v. the Attorney General of the State of Texas ( 2018 )

Miscellaneous Order No. DC-18-OO1O-D
Court of Appeals No. 05-17-01080-CV
District Court No. DF-00-14691
IN RE: § IN THE DISTRICT COURT
§
TRACY NIXON, § DALLAS COUNTY, TEXAS
§
A VEXATIOUS LITIGANT. § 95TH JUDICIAL DISTRICT
ORDER
Before the Court is the request of Tracy Nixon, a vexatious litigant, for permission
to seek review by the Supreme Court of Texas of reviewable actions of the Court of
Appeals for the fifth District of Texas at Dallas.
An individual declared a vexatious Litigant pursuant to Tex. Civ. Prac. & Rem.
Code § 11.101(a) may be required to obtain permission from the appropriate local
administrative judge before filing, pro se, “new litigation in a court to which the
[prefihingi order applies... .“ Id., § 11.102(a).
Having considered the facts and the law, and having reviewed in detail the filings
in the actions at issue, it is the Court’s opinion that Nixon’s request should be
GRANTED. Accordingly, Tracy Nixon is hereby granted permission to seek review by
the Supreme Court of Texas of actions of the Fifth District Court of Appeals at Dallas in
No. 05-17-010$0-CV, which case originated in the family District Court in Cause No.
Df-0O-14691.
ORDER Page 1
-
IT IS SO ORDERED.
Signed this day of November, 2018.
KEN M0LBERG \/
Judge, 95TH DistrictCourt
Local Administrative District Judge,
Dallas County, Texas
ORDER Page 2
-
Order entered October 30, 2018
In The
€ourt of ppcat
fifj itritt of ZEexa at Daffa
No. O5-17-01080-CV —
TRACY NIXON, Appellant
V.
THE ATTORNEY GENERAL OF THE STATE OF TEXAS, Appellee
On Appeal from the 301st Judicial District Court
Dallas Conntv Texas
Trial Court Cause No. DF-004 4691
ORDER
Before the Court En Banc
Befoe the Court is appellant’s October 17, 201$ motion for rehearing en banc.
Appellant’s motion is DENIED.
/s/ CAROLYN WRIGHT
CH[Ef JUSTICE
THE SUPREME COURT OF TEXAS
tracy nixon , petitioner
NO.
vs,
the attorney general of the state
of texas, respondent
kimberlyn rhynes
respondent
texas comptroller of public account, respondent
texas house of representitives , respondent
petitioners motion to extend time to
extend time to file petition for revie.
a. iritroouction
1. PETITIONER IS TRACY NIXON RESPONDENT IS THE ATTORNEY GENERAL
OF THE STATE OF TEXAS, KIMBERLYN RHYNES, RESPONDENT
TEXAS COMPTROLLER OF PUBLIC ACCOUNT , RESPONDENT
TEXAS HOUSE OF REPRESENTITIVES , RESPONDENT.
PAGE 1. E’Ø’EN
IOD TO FILE A
2. THIS MOTION IS FILED WITHIN THE 15- DAY PER
E A PETITION FOR REVIEW,
MOTION TO EXTEND TIME TO FIL
CIVIL PROCEDURE 53..7ff).
AS REOUIREDBY TEXAS RULE OF
TO THIS MOTION.
3. THE PARTIES HAVE NOT AGREED
BEFORE
E TO CONTACT THE RESPONDENTS
THE PETITIONER WAS NOT ABL
RGENCY TO FILE
FILING THIS MOTION BECAUSE OF THE EME
REVIEW.
THIS MOTION TO EXTEND TIME TO FILE PETITION FOR
b. aurgument and au thorities
NT
UNDER RULE 53.7(f) TO GRA
4. THE COURT HAS THE AUTHORITY
REVIEW.
TO FILE HIS PETITION FOR
PETITIONER ADDITIONAL TIME
COURT OF APPEALS ISSUED ITS JUDGMENT
5..THE
j IN NO — (Zq
ON C: ‘U
.
t
ION FOR REHEARING
SITTING EN BANC DENYING THE APPELLANTS MOT
WRIGHT.
EN BANC. ISSUED BY CHIEF CAROLYN
PAGE 2. EXTEN
6. PETITIONERS MOTION FOR REHE1RING WAS DENIED ON ((ifZr ( ,2018
7. PETITIONER REQUEST ADDITIONAL TIME OF 45 DAYS TO FILE A
PETITION FOR REVIEW.
8. PETITIONER NEEDS ADDITIONAL TIME TO FILE PETITION FOR REVIEW
BECAUSE THE PETITIONER IS FINANCIALLY UNABLE TO PAY THE FILING
FEE. AND COST FOR A SUPERSEADEAS BOND..
9. THE PETITIONER IS AWAITING APPROVAL FROM LOCAL ADMINIS
TRATIVE JUDICIAL COURT JUDGE KEN MOLBERG . BECAUSE PETITIONER
WAS DECLARED A VEXATIOUS LITIGANT BY THE TRIAL COURT HERE ON
PETITION FOR REVIEW..
RESPEFUjLY SUBMITTED
TRACY NIXON PRO SE
4415 S. MALCOLM XBLVD
DALLAS TEXAS 75215
469—685—2850
PAGE 3. EXTEN
SENSITIVE DATA
NOT1CE T1fiS DOCUMENT CONTAINS
NCP Name: TRJCY NIXON
CP Name: KIAIBERL}WJTh”TS
OAG Number: 46O5l664
CAUSE NUMBER DFI 601234
Y IN THE 3OlSTDITRICTCJ’?I
TRACYNIXON
OF
§
DALLAS’ COUNTY, TEXAS
XtMBERLYN RiIYNES & the OFFICE OF (HE
ATTORNEY GENERAL
A VEXATiOUS LITIGANT AND
ORDER DECtARING TRACY NIXON AS
PRE-FILTNG 0 R D £ R
Nixon a Vexatious Litigant, and the
Came to be heard Defendant’s Motion to Declare Tracy
in
vexatious litigant pursuant to the procedures set forth
Court first declares Mr. Tracy Nixon to he a
issue:
Texas Rules o Civil Procedure § 11, is oCthc opinion that the following order shall
prohibited from Iling inprnprkt peiono any
It is ORDl.RED that Mr. Tracy Nixon is herchy
eiudge
obtaining perrnssion Prom a local administrativ
new litigation in a court of this State without first
litigation in violation of this order, that
pucsuanto CPRC § I L102. lfMr. Tracy Nixon does fIle new
by Texas
Nixon will he subject to sanctions as proscribed
suit will ho stibject to dismissal and Mr. Tracy
Civil Practice kind Remedies Code 11.101(b).
deiinkion oFa vexatious litigant, he is te;uired to Furnish
Because Mr. Nixon clearly fits the statutory
ha does not furnish
and the Court will dismiss this suit if
security forthe benefit oFthe moingdefendaflt
the security within the time set by the
order- CPRC § 1 1.055-56.
for the benefit of the
ordered to furnish a $3000f) security
In the underlying case, Mr. Nixon is
into the Dallas County Trust Rcgistry
moving defendant which will be deposited
2