Opinion
No. 05-17-00342-CV
05-24-2017
SENRICK WILKERSON, Appellant v. LORI ORDIWAY, CITY OF DALLAS, CALVIN JOHNSON, BROOK GRONA-ROBB, DALLAS COUNTY DISTRICT ATTORNEY'S OFFICE, DALLAS COUNTY DISTRICT ATTORNEY SUSAN HAWK, DALLAS COUNTY SHERIFF'S DEPARTMENT, AND DALLAS COUNTY SHERIFF LUPE VALDEZ, Appellees
On Appeal from the 95th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-15-00716
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Chief Justice Wright
Appellant Senrick Wilkerson, proceeding pro se, filed a notice of appeal on April 4, 2017. Wilkerson, however, is on the State of Texas's list of vexatious litigants and is subject to a prefiling order entered in Travis County. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.101(a) (West Supp. 2016). Chapter 11 of the Texas Civil Practice and Remedies Code, governing vexatious litigants, provides that a clerk of a court may not file a "litigation, original proceeding, appeal, or other claim presented, pro se, by a vexatious litigant subject to a prefiling order under Section 11.101 unless the litigant obtains an order from the appropriate local administrative judge described by Section 11.102(a) permitting the filing." Id. § 11.103. Consequently, by letter dated April 27, 2017, we notified Wilkerson that he was required to obtain the permission of the local administrative judge to file this appeal. We instructed him to file, by May 8, 2017, an order signed by the local administrative judge giving him permission to file this appeal. See id. § 11.1035(b). We also cautioned him that failure to do so may result in dismissal of the appeal without further notice.
Chapter 11 of the Texas Civil Practice and Remedies Code requires that the Office of Court Administration (OCA) "post on the agency's Internet website a list of vexatious litigants subject to prefiling orders." See Tex. Civ. Prac. & Rem. Code § 11.104(b). The OCA list reflects that on November 17, 2016, the 98th District Court of Travis County signed an order declaring Wilkerson a vexatious litigant and prohibiting Wilkerson from "filing new litigation in any court of this State without permission from the local administrative judge." See http://www.txcourts.gov/ judicial-data/vexatious-litigants (last visited May 16, 2017).
In response to this Court's letter, Wilkerson filed a letter stating that the defendants failed to file a motion to declare him vexatious within ninety days of filing an original answer or special appearance. See id. § 11.051 (West 2002). He further asserts that this Court will be in violation of the law if we declare him a vexatious litigant. As noted above, Wilkerson has already been declared a vexatious litigant and the order declaring him vexatious requires him to obtain permission from the local administrative judge before filing pro se any new litigation, including an appeal, within this State.
As of today's date, Wilkerson has failed to file an order signed by the local administrative judge giving him permission to file this appeal. Accordingly, we dismiss this appeal. See id. § 11.1035(b).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE 170342F.P05
JUDGMENT
On Appeal from the 95th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-15-00716.
Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees LORI ORDIWAY, CITY OF DALLAS, CALVIN JOHNSON, BROOK GRONA-ROBB, DALLAS COUNTY DISTRICT ATTORNEY'S OFFICE, DALLAS COUNTY DISTRICT ATTORNEY SUSAN HAWK, DALLAS COUNTY SHERIFF'S DEPARTMENT, AND DALLAS COUNTY SHERIFF LUPE VALDEZ recover their costs of this appeal from appellant SENRICK WILKERSON. Judgment entered May 24, 2017.