in Re: R. Wayne Johnson ( 2015 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§ No. 08-15-00162-CV
IN RE: R. WAYNE JOHNSON,
§ ORIGINAL PROCEEDING
Relator.
§ ON PETITION FOR WRIT OF
§ MANDAMUS
MEMORANDUM OPINION
Relator, R. Wayne Johnson, a Texas inmate, has filed a petition for writ of mandamus
against the Honorable Bonnie Rangel, Judge of the 171st District Court of El Paso County,
Texas. Because Relator has not obtained permission of the local administrative judge to file this
original proceeding, we dismiss the mandamus petition.
In this mandamus proceeding, Relator challenges the dismissal of his suit against several
defendants which we reviewed on direct appeal in Johnson v. Sloan, 320 S.W.3d 388 (Tex.App.-
-El Paso 2010, pet. denied). Relator is on the list of vexatious litigants maintained by the Office
of Court Administration and he is subject to a pre-filing order. See generally TEX.CIV.PRAC. &
REM.CODE ANN. § 11.051-.057 (West 2002). A clerk of a court may not file a litigation, original
proceeding, appeal, or other claim presented by a vexatious litigant subject to a prefiling order
unless the litigant obtains an order from the local administrative judge permitting the filing.
TEX.CIV.PRAC. & REM.CODE ANN. § 11.103(a) (West Supp. 2014)(emphasis added). The Clerk
of this Court notified Relator that he was required to obtain permission from the local
administrative judge to file this original proceeding. The letter gave him ten days to provide the
Court with a copy of the order or obtain an order permitting him to file the petition for writ of
mandamus. See TEX.CIV.PRAC. & REM.CODE ANN. § 11.1035(b) (West Supp. 2014). More than
ten days have elapsed and we have not received a response from Relator or an order granting him
permission to file the petition for writ of mandamus. Accordingly, we dismiss the mandamus
petition.
STEVEN L. HUGHES, Justice
June 3, 2015
Before McClure, C.J., Rodriguez, and Hughes, JJ.
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