Stefnandi E. Drake v. Rakhee P. Sharma, Pawan R. Sharma, 7-Eleven Inc., Texas Lottery Commission, Gary Grief, and Mavis L. Wanczyk, Multi-State Lottery Association

Order entered November 25, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01421-CV
STEFNANDI E. DRAKE, Appellant
V.
RAKHEE P. SHARMA, PAWAN R. SHARMA, 7-ELEVEN INC., TEXAS LOTTERY
COMMISSION, GARY GRIEF, AND MAVIS L. WANCZYK, MULTI-STATE
LOTTERY ASSOCIATION, Appellees
On Appeal from the County Court at Law No. 3
Dallas County, Texas
Trial Court Cause No. CC-19-05212-C
ORDER
Before the Court is appellant’s November 19, 2019 motion to proceed in forma pauperis.
We note appellant is a vexatious litigant subject to a prefiling order. See TEX. CIV. PRAC. &
REM. CODE ANN. § 11.101(a). A vexatious litigant subject to a prefiling order may not file, pro
se, new litigation without seeking the permission of the appropriate local administrative judge.
See id. § 11.102(a). “Litigation” for purposes of the vexatious litigant statute is defined as “a
civil action commenced, maintained, or pending in any state of federal court.” See id. §
11.001(2).
Appellant is not represented by counsel, and he filed his notice of appeal without an order
from the appropriate local administrative judge permitting the appeal. Accordingly, we take no
action on appellant’s motion and STAY the appeal. See id. § 11.1035. We ORDER appellant to
file, no later than December 5, 2019, an order from the appropriate local administrative judge
permitting the appeal. See id. We caution appellant that failure to comply will result in
dismissal of the appeal without further notice. See id.
We DIRECT the Clerk of the Court to send a copy of this order to Dallas County Clerk
John Warren; Janet E. Wright, Official Court Reporter for County Court at Law No. 3; and, the
parties.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE