Opinion
NUMBER 13-18-00089-CV
02-15-2018
IN RE GREGORY WALLACE-EL
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Rodriguez, Longoria, and Hinojosa
Memorandum Opinion by Justice Rodriguez
See TEX. R. APP. P. 52.8(d) ("When granting relief, the court must hand down an opinion as in any other case," but when "denying relief, the court may hand down an opinion but is not required to do so."); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).
Proceeding pro se, Gregory Wallace-El has filed a civil pleading in this Court. Although this pleading is unclear, it appears that relator's contentions concern two previous petitions for writ of mandamus filed in this Court. See generally In re Gregory Wallace-El, No. 13-18-00078-CV, 2018 WL 771935, at *1 (Tex. App.—Corpus Christi Feb. 7, 2018, orig. proceeding) (mem. op.); In re Wallace, No. 13-18-00055-CV, 2018 WL 526894, at *1 (Tex. App.—Corpus Christi Jan. 23, 2018, orig. proceeding) (mem. op.). Wallace denominates this new pleading as an "Averment of Jurisdiction—Quo Warranto." We construe this as an original proceeding. Through this pleading, Wallace demands that the trial court, this Court, and numerous other officials provide him with a "Delegation of Authority." Relator also appears to contest an order requiring him to pay child support insofar as he contends that he does not have or possess "any gold or silver coins, as prescribed by United States Constitution Law" to pay the "restricting demands." Relator filed the instant pleading as a member of "The Moorish National Republic Federal Government Northwest Africa, The Moorish Divine and National Movement of the World."
Relator's original proceedings all arise from trial court cause number 2010-FAM-3852-H in the 347th District Court of Nueces County, Texas, and the respondent is the Honorable Missy Medary. See generally TEX. R. APP. P. 52.2.
Relator's pleadings fail to comply with the substantive and procedural requirements applicable to a petition for writ of mandamus. See, e.g., In re Nationwide Ins. Co. of Am., 494 S.W.3d 708, 712 (Tex. 2016) (orig. proceeding); In re H.E.B. Grocery Co., 492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding) (per curiam); see generally TEX. R. APP. P. 52 (governing original proceedings). Further, we have previously advised relator that courts do not recognize a right to relief based on relator's alleged status as a member of the Moorish National Republic. See In re Gregory Wallace-El, 2018 WL 771935, at *1; see, e.g., El Ameen Bey v. Stumpf, 825 F. Supp. 2d 537, 556 (D.N.J. 2011); Murakush Caliphate of Amexem Inc. v. New Jersey, 790 F.Supp.2d 241, 271-72 (D.N.J. 2011); Pitt-Bey v. D.C., 942 A.2d 1132, 1136 (D.C. 2008).
The Court, having examined and fully considered the pleading before us and the applicable law, is of the opinion that relator is not entitled to the relief sought. Accordingly, we DENY the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). We again caution relator that any further pleadings must conform with the applicable rules of law and that frivolous pleadings may lead to sanctions. See In re Gregory Wallace-El, 2018 WL 771935, at *1; see generally e.g., TEX. R. APP. P. 45, 52.11.
NELDA V. RODRIGUEZ
Justice Delivered and filed the 15th day of February, 2018.