Opinion
No. 04-20-00322-CV
07-10-2020
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).
On June 26, 2020, this court (1) ordered relator to file in this court an order from the appropriate local administrative judge granting relator permission to bring this original proceeding and (2) held in abeyance relator's motion to stay a July 10, 2020 hearing. On July 6, 2020, relator filed a letter with this court stating his request for permission had been denied.
Relator is hereby ORDERED to show cause in writing to this court, no later than July 20, 2020 why his original proceeding should not be denied. If relator does not timely respond this original proceeding will be denied.
It is so ORDERED on July 10, 2020.
PER CURIAM
ATTESTED TO:/s/_________
Michael A. Cruz, Clerk of Court