Opinion
14-22-00332-CV
08-04-2022
IN RE R. WAYNE JOHNSON, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS 133rd District Court Harris County, Texas Trial Court Cause No. 2009-15297
Panel consists of Justices Jewell, Bourliot, and Hassan.
MEMORANDUM OPINION
PER CURIAM.
On May 6, 2022, relator, R. Wayne Johnson, filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator contends that the trial court acted without jurisdiction and issued a void order.
Relator has been declared a vexatious litigant and is the subject of three pre-filing orders, prohibiting him from filing, pro se, new litigation without seeking the permission of the appropriate local administrative judge. See Tex. Civ. Prac. & Rem. Code Ann. §§ 11.101, 11.102. The clerk of this court may not file an original proceeding or other matter presented by a vexatious litigant subject to a pre-filing order unless the litigant first obtains an order from the appropriate local administrative judge permitting the filing. Tex. Civ. Prac. & Rem. Code Ann. § 11.103(a).
On June 28, 2022, the clerk of this court notified relator that his original proceeding was subject to dismissal without further notice, unless within 10 days relator filed a copy of the order from the local administrative judge permitting the filing of his petition. In response to the notice, relator did not provide a copy of the pre-filing order permitting his petition or otherwise adequately respond to our notice.
Accordingly, we dismiss the mandamus petition for lack of jurisdiction. See Tex. Civ. Prac. Rem. Code § 11.1035(b); In re Johnson, No. 14-21-00314-CV, 2021 WL 2837189, at *1 (Tex. App.-Houston [14th Dist.] July 8, 2021, orig. proceeding) (mem. op.) (dismissing vexatious litigant's petition for writ of mandamus in absence of order from local administrative judge permitting filing of original proceeding).