Opinion
No. 04-20-00322-CV
06-26-2020
IN RE David RODRIGUEZ
Original Proceeding Sitting: Sandee Bryan Marion, Chief Justice Luz Elena Chapa, Justice Beth Watkins, Justice
This proceeding arises out of Cause No. 2019-CI-16263, styled David Rodriguez v. H-E-B Butt, et al., pending in the 131st Judicial District Court, Bexar County, Texas, the Honorable Norma Gonzales presiding.
On June 24, 2020, relator filed a pro se petition for writ of mandamus complaining of the trial court's refusal to sign a non-suit order that he submitted. Relator has been designated a vexatious litigant subject to a prefiling order. As a pro se vexatious litigant, relator is prohibited from filing any new litigation in a court of this State without first obtaining permission from the appropriate local administrative judge. See TEX. CIV. PRAC. & REM. CODE §§ 11.102(a), 11.103(a). A petition for writ of mandamus is a civil action to which the vexatious litigant statute applies. In re Crenshaw, 05-19-00633-CV, 2019 WL 2710755 (Tex. App.—Dallas June 28, 2019, orig. proceeding) (mem. op.); see also TEX. CIV. PRAC. & REM. CODE § 11.103(a) (clerk of a court "may not file [an] . . . original proceeding . . . presented, pro se, by a vexatious litigant subject to a prefiling order" unless pro se litigant first obtains permission from appropriate local administrative judge).
Relator is hereby ORDERED to file in this court, no later than July 6 , 2020 , an order from the appropriate local administrative judge granting relator permission to bring this original proceeding.
Relator's motion to stay the July 10, 2020 hearing is ORDERED HELD IN ABEYANCE.
It is so ORDERED on June 26, 2020.
PER CURIAM
ATTESTED TO: /s/_________
Michael A. Cruz, Clerk of Court