in Re Daniel Montes, Jr. ( 2022 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00738-CV
In Re Daniel Montes, Jr.
ORIGINAL PROCEEDING FROM HAYS COUNTY
MEMORANDUM OPINION
Relator is a vexatious litigant and has filed a document, which we treat as a
petition for writ of mandamus based on the substance of his filing, challenging the order of the
local administrative judge denying Relator’s request for leave to file a motion to vacate the
prefiling order. See Tex. Civ. Prac. & Rem. Code §§ 11.101, .102; see also Surgitek, Bristol-
Myers Corp. v. Abel, 997 S.W.2d 598, 601 (Tex. 1999) (considering the substance of pleading
rather than form or caption to determine its nature). We deny the petition for writ of mandamus.
Relator’s motion to proceed in forma pauperis is also denied.
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Darlene Byrne, Chief Justice
Before Chief Justice Byrne, Justices Triana and Kelly
Filed: November 29, 2022