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In re Nixon

Court of Appeals of Texas, Fifth District, Dallas
Feb 21, 2024
No. 05-24-00113-CV (Tex. App. Feb. 21, 2024)

Opinion

05-24-00113-CV

02-21-2024

IN RE TRACY NIXON, Relator


Original Proceeding from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-08065

Before Justices Pedersen, III, Reichek, and Carlyle

MEMORANDUM OPINION

AMANDA L. REICHEK, JUSTICE

We vacate our order dated February 5, 2024. Relator has been declared a vexatious litigant and is prohibited from filing any new litigation in a court of this State pro se without first obtaining permission from the appropriate local administrative judge. See Tex. Civ. Prac. & Rem. Code Ann. § 11.102(a). Before the Court is relator's February 2, 2024 petition for writ of mandamus. Relator challenges a January 2, 2024 order of a local administrative judge denying relator's request to file a new lawsuit.

When a local administrative judge denies a litigant permission to file litigation, a litigant may apply for a writ of mandamus with the court of appeals, but the application must be filed "not later than the 30th day after the date of the decision." Id. § 11.102(f). Here, the administrative judge denied relator's request to file litigation on January 2, 2024. Thus, relator's deadline to apply for a writ of mandamus was February 1, 2024. Relator did not file his petition for writ of mandamus until February 2, 2024. Nixon therefore failed to timely file a mandamus petition pursuant to § 11.102(f). See In re Nixon, No. 03-22-00299-CV, 2022 WL 1720087, at *1 (Tex. App.-Austin May 22, 2022, orig. proceeding) (mem. op.).

Accordingly, we dismiss the petition for writ of mandamus for want of jurisdiction.


Summaries of

In re Nixon

Court of Appeals of Texas, Fifth District, Dallas
Feb 21, 2024
No. 05-24-00113-CV (Tex. App. Feb. 21, 2024)
Case details for

In re Nixon

Case Details

Full title:IN RE TRACY NIXON, Relator

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Feb 21, 2024

Citations

No. 05-24-00113-CV (Tex. App. Feb. 21, 2024)