Document Info

DocketNumber: 04-19-00472-CV

Filed Date: 8/12/2019

Status: Precedential

Modified Date: 8/13/2019

  •                                 Fourth Court of Appeals
    San Antonio, Texas
    August 12, 2019
    No. 04-19-00472-CV
    IN RE John M. DONOHUE
    Original Mandamus Proceeding 1
    ORDER
    Sitting:          Luz Elena D. Chapa, Justice
    Beth Watkins, Justice
    Liza A. Rodriguez, Justice
    On August 2, 2019, relator filed a pro se petition for writ of mandamus complaining of
    the trial court’s orders declaring him a vexatious litigant, denying his motion to reinstate after the
    trial court dismissed his lawsuit for want of prosecution, and granting pleas to the jurisdiction
    filed by the defendants in his lawsuit. Relator has been designated a vexatious litigant. As a pro
    se vexatious litigant, relator is prohibited from filing any new litigation in a court of this State
    without first obtaining permission from the local administrative judge. See TEX. CIV. PRAC. &
    REM. CODE §§ 11.102(a), 11.103(a). A petition for writ of mandamus is a civil action to which
    the vexatious litigant statute applies. In re Crenshaw, 05-19-00633-CV, 
    2019 WL 2710755
    (Tex. App.—Dallas June 28, 2019, orig. proceeding) (mem. op.); see also TEX. CIV. PRAC. &
    REM. CODE § 11.103(a) (clerk of a court “may not file [an] . . . original proceeding . . . presented,
    pro se, by a vexatious litigant subject to a prefiling order” unless pro se litigant first obtains
    permission from appropriate local administrative judge).
    1
    This proceeding arises out of Cause No. CV-XX-XXXXXXX, styled John M. Donohue v. Bandera County Law
    Enforcement Personnel, et al., pending in the 198th Judicial District Court, Bandera County, Texas, the Honorable
    M. Rex Emerson presiding.
    Relator is hereby ORDERED to file in this court, no later than August 23, 2019, an
    order from the appropriate local administrative judge granting relator permission to bring this
    original proceeding. 2
    It is so ORDERED on August 12, 2019.
    PER CURIAM
    ATTESTED TO: _______________________
    Keith E. Hottle
    Clerk of Court
    2
    This court’s July 17, 2019 order allowing relator to file a petition for writ of mandamus no later than August 2,
    2019 does not constitute “permission” to pro se file an original proceeding as required by Texas Civil Practice and
    Remedies Code section 11.103(a). Such permission may only be obtained from the appropriate local administrative
    judge.