Arturo Solis v. Tdcj-Id ( 2014 )

IN THE
TENTH COURT OF APPEALS
No. 10-13-00396-CV
ARTURO SOLIS,
Appellant
v.
TDCJ-ID,
Appellee
From the 52nd District Court
Coryell County, Texas
Trial Court No. COT-09-39041
MEMORANDUM OPINION
Arturo Solis attempts to appeal from the trial court’s judgment filed August 9,
2013, dismissing his cause of action. Because Solis has not complied with the Texas
Civil Practice and Remedies Code Chapter 11, governing vexatious litigants, we dismiss
the appeal.
Chapter 11 of the Texas Civil Practice and Remedies Code sets out the procedure
for declaring a plaintiff a vexatious litigant and prohibiting the plaintiff from filing new
litigation. Section 11.001 provides that: “A court may … enter an order prohibiting a
person from filing, pro se, a new litigation in a court to which the order applies under
this section without permission of the appropriate local administrative judge described
by Section 11.102(a) to file the litigation if the court finds, after notice and hearing as
provided by Subchapter B, that the person is a vexatious litigant.” TEX. CIV. PRAC &
REM. CODE ANN. § 11.101 (a) (West Supp. 2013).
The Office of Court Administration of the Texas Judicial System shall post on the
agency's Internet website a list of vexatious litigants subject to prefiling orders under
Section 11.101. TEX. CIV. PRAC & REM. CODE ANN. § 11.104 (b) (West Supp. 2013).
A clerk of a court may not file a litigation, original proceeding, appeal, or other
claim presented, pro se, by a vexatious litigant subject to a prefiling order under Section
11.101 unless the litigant obtains an order from the appropriate local administrative
judge described by Section 11.102(a) permitting the filing. TEX. CIV. PRAC & REM. CODE
ANN. § 11.103 (a) (West Supp. 2013).
The OCA’s website reflects that on June 27, 2013, the 52nd District Court in
Coryell County declared Arturo Solis a vexatious litigant and entered a prefiling order.
See http://www.txcourts.gov/oca/vexatiouslitigants. This appeal is not an appeal
from the order declaring Solis a vexatious litigant. TEX. CIV. PRAC & REM. CODE ANN. §
11.103 (d) (West Supp. 2013).
On January 22, 2014, the Clerk of the Court notified Solis that the appeal was
subject to dismissal unless, within ten days from the date of the notice, he filed proof
that he had obtained an order from the local administrative judge permitting the filing
of this appeal. TEX. CIV. PRAC & REM. CODE ANN. § 11.103 (a) (West Supp. 2013). Solis
Solis v. TDCJ-ID Page 2
filed a response to the notice, but did not provide proof of an order permitting the filing
of the appeal.
Accordingly, we dismiss the appeal. TEX. R. APP. P. 42.3. We dismiss all pending
motions as moot.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed February 27, 2014
[CV06]
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