CourtListener 10547682•In Re Philip James Emerson, Jr. v. the State of Texas
In Re Philip James Emerson, Jr. v. the State of Texas
CourtListener 10547682Txctapp66 mag 2025
Testo completo
In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-25-00043-CV
IN RE PHILIP JAMES EMERSON, JR.
Original Mandamus Proceeding
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Chief Justice Stevens
MEMORANDUM OPINION
Relator, Philip James Emerson, Jr., has filed a petition for a writ of mandamus asserting
complainants against (1) the Honorable J. Brad McCampbell, presiding judge of the 402nd
Judicial District Court of Wood County, Texas; (2) the Honorable Alfonso Fredrick Charles,
presiding judge of the 124th Judicial District Court of Gregg County, Texas, and of the Tenth
Administrative Judicial Region; (3) Susan Perez, the court coordinator of the 402nd Judicial
District Court; and (4) Terri Shepherd, the administrative assistant of the Tenth Administrative
Judicial Region. The petition for a writ of mandamus is denied.
“Mandamus is an extraordinary remedy requiring the relator to show that (1) the trial
court abused its discretion and (2) the relator lacks an adequate remedy on appeal.” In re USAA
Gen. Indem. Co., 624 S.W.3d 782, 787 (Tex. 2021) (orig. proceeding) (citing In re Prudential
Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding)). The burden is on
relator to show he is entitled to mandamus relief. See In re Ford Motor Co., 165 S.W.3d 315,
317 (Tex. 2005) (per curiam) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 837 (Tex.
1992) (orig. proceeding).
Emerson states that he was declared a vexatious litigant by the 402nd Judicial District
Court of Wood County. The vexatious-litigant order, dated August 18, 2020, states that Emerson
is “prohibited from filing, pro se, a new litigation in the 402nd Judicial District Court of Wood
County, Texas without permission of the appropriate local administrative judge” pursuant to
Section 11.102(a) of the Texas Civil Practice and Remedies Code. See TEX. CIV. PRAC. & REM.
CODE ANN. § 11.102(a). Emerson brings this petition concerning his attempt to file three new
2
cases in the 402nd Judicial District Court. Emerson filed in the 402nd Judicial District Court
motions to vacate the vexatious litigant order or alternatively seeking permission to file his
petitions, proposed orders granting him permission to file, his petitions and a request for
temporary restraining orders, and motions to recuse both Judge McCampbell and Judge Charles.
The Court, having examined and fully considered the petition for a writ of mandamus, is
of the opinion that the mandamus petition should be denied. Accordingly, we deny the petition
for a writ of mandamus.1 See TEX. R. APP. P. 52.8(a).
Scott E. Stevens
Chief Justice
Date Submitted: May 5, 2025
Date Decided: May 6, 2025
1
In light of our disposition of this petition, all pending motions in this matter are denied as moot.
3
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