Opinion
NO. 01-13-00318-CV
08-20-2013
IN RE KRISTOFER THOMAS KASTNER, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Kristofer Thomas Kastner, who has been deemed a vexatious litigant subject to a prefiling order, has filed a pro se petition for writ of mandamus, asking this Court to compel the respondent to grant permission for relator to appeal from the trial court's dismissal of the underlying case. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.102(c) (West Supp. 2012) (providing that decision of local administrative judge denying litigant permission to file litigation may be reviewed by petition for writ of mandamus to court of appeals); TEX. CIV. PRAC. & REM. CODE ANN. § 11.103(a) (West Supp. 2012) ("[A] clerk of a court may not file a litigation, original proceeding, appeal, or other claim presented by a vexatious litigant subject to a prefiling order . . . unless the litigant obtains an order from the local administrative judge under Section 11.102 permitting the filing of the litigation."); In re Johnson, 390 S.W.3d 584, 585-86 (Tex. App.—Amarillo 2012, orig. proceeding); In re Potts, 357 S.W.3d 766, 768 (Tex. App.—Houston [14th Dist.] 2011, orig. proceeding); Brown v. Texas Bd. of Nursing Exam'rs, 194 S.W.3d 721, 722-23 (Tex. App.—Dallas 2006, no pet.).
The respondent is the Honorable Ken Wise, Local Administrative Judge of Harris County, Texas. The underlying case is Kastner v. Harris County, Former Sheriff Tommy Thomas, and Harris County Sheriff's Deputies Saulo Aguilar, Michael Lecompte, and M. Reynaud, No. 2008-45366 (189th Dist. Court, Harris County, Tex.).
We deny the petition for writ of mandamus. All pending motions are dismissed as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Brown.