In Re R. Wayne Johnson v. the State of Texas

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed
September 10, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00587-CV

IN RE R. WAYNE JOHNSON, Relator

ORIGINAL PROCEEDING
WRIT OF MANDAMUS
133rd District Court
Harris County, Texas
Trial Court Cause No. 2009-15297

MEMORANDUM OPINION

On Thursday, August 15, 2024, relator R. Wayne Johnson filed a petition
for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also
Tex. R. App. P. 52. In the petition, relator contends that the trial court acted
without jurisdiction and issued a void order.
Relator has been declared a vexatious litigant and is the subject of three pre-
filing orders, prohibiting him from filing, pro se, new litigation without seeking the
permission of the appropriate local administrative judge. See Tex. Civ. Prac. &
Rem. Code Ann. §§ 11.101, 11.102. The clerk of this court may not file an original
proceeding or other matter presented by a vexatious litigant subject to a pre-filing
order unless the litigant first obtains an order from the appropriate local
administrative judge permitting the filing. Tex. Civ. Prac. & Rem. Code Ann. §
11.103(a).

On August 16, 2024, the clerk of this court notified relator that his original
proceeding was subject to dismissal without further notice, unless within 10 days
relator filed a copy of the order from the local administrative judge permitting the
filing of his petition. In response to the notice, relator did not provide a copy of the
pre-filing order permitting his petition or otherwise adequately respond to our
notice.

Accordingly, we dismiss the mandamus petition for lack of jurisdiction. See
Tex. Civ. Prac. Rem. Code § 11.1035(b); In re Johnson, No. 14-21-00314-CV,
2021 WL 2837189, at *1 (Tex. App.—Houston [14th Dist.] July 8, 2021, orig.
proceeding) (mem. op.) (dismissing vexatious litigant’s petition for writ of
mandamus in absence of order from local administrative judge permitting filing of
original proceeding); In re Johnson, No. 14-22-00332-CV, 2022 WL 3093195, at
*1 (Tex. App.—Houston [14th Dist.] Aug. 4, 2022, orig. proceeding) (mem. op.)
(same).

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PER CURIAM

Panel consists of Justices Jewell, Bourliot, and Hassan.

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