in Re R. Wayne Johnson

Fourth Court of Appeals
San Antonio, Texas
October 4, 2018
No. 04-18-00641-CV
IN RE R. Wayne JOHNSON
Original Mandamus Proceeding1
ORDER
Sitting: Karen Angelini, Justice
Marialyn Barnard, Justice
Patricia O. Alvarez, Justice
On August 27, 2018, the underlying case was removed to federal court. On September
19, 2018, this court issued an order abating this mandamus proceeding and removing the
proceeding from this court’s active docket. This proceeding will be reinstated only upon the
filing of a certified copy of a remand order from the federal court.
On October 1, 2018, relator filed a pro se “Amended Writ of Mandamus.” Because the
underlying case has been removed to federal court, this court may “proceed no further unless and
until the case is remanded.” Meyerland Co. v. F.D.I.C., 848 S.W.2d 82, 83 (Tex. 1993) (quoting
28 U.S.C. § 1446(d)) (order). Therefore, this court may not take any action on the “Amended
Writ of Mandamus.”
It is so ORDERED on this 4th day of October, 2018.
PER CURIAM
ATTESTED TO: __________________________________
KEITH E. HOTTLE,
Clerk of Court
1
This proceeding arises out of Cause No. 2018CVK001331D3, styled R. Wayne Johnson v. Peter O'Rourke, et al.,
pending in the 341st Judicial District Court, Webb County, Texas, the Honorable Rebecca Ramirez Palomo
presiding.