Opinion
No. 05-20-00654-CV
07-09-2020
IN RE JAY SANDON COOPER, Relator
Original Proceeding from the 470th Judicial District Court Collin County, Texas
Trial Court Cause No. 006-02636-2018
MEMORANDUM OPINION
Before Justices Myers, Molberg, and Evans
Opinion by Justice Molberg
Before the Court is relator's July 6, 2020 "Emergency Petition for Writ of Mandamus, and Motion for Order to Stay Underlying Proceedings" in which relator, a vexatious litigant, complains of the local administrative district judge's refusal to rule on his request for permission under TEX. CIV. PRAC. & REM. CODE § 11.102 to file a lawsuit. Relator has also filed a July 8, 2020 emergency motion for temporary relief in which he asks this Court to toll the statute of limitations on the lawsuit he seeks to file.
Entitlement to mandamus relief requires relator to show both that the trial court has clearly abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). Based on our review of the petition and record, relator has failed to meet this burden. Accordingly, we deny relator's petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). Having denied the petition, we also deny the emergency motion as moot.
/Ken Molberg//
KEN MOLBERG
JUSTICE 200654f.p05