In re Amir-Sharif

Full title: In re Lakeith Rarib Amir-Sharif

Court: TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Feb 19, 2016

NO. 03-16-00100-CV (Tex. App. Feb. 19, 2016)

Opinion

NO. 03-16-00100-CV

02-19-2016

In re Lakeith Rarib Amir-Sharif

Cindy Olson Bourland, Justice

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

Relator Lakeith Amir-Sharif has filed a pro se petition for writ of mandamus. See Tex. Gov't Code § 22.221; see also Tex. R. App. P. 52. Amir-Sharif seeks mandamus relief from the Court, asserting that respondents, the Office of Court Administration, Jeff Rinard, David Slayton, Casey Kennedy, and Scott Griffith, have improperly included him on the list of vexatious litigants with prefiling orders rendered against them.¹See Tex. Civ. Prac. & Rem. Code § 11.101.

1 Seehttp://www.txcourts.gov/judicial-data/vexatious-litigants.aspx

We have no jurisdiction to grant Amir-Sharif relief. This Court's mandamus jurisdiction is expressly limited to: (1) writs against a district-court judge or county-court judge in this Court's district, and (2) all writs necessary to enforce our jurisdiction. See Tex. Gov't Code Ann. § 22.221. Respondents are not district-court or county-court judges, and Amir-Sharif does not allege the mandamus is necessary to enforce our jurisdiction. Thus, we have no jurisdiction to issue a writ of mandamus against respondents. See id.; In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding). Accordingly, we dismiss Amir-Sharif's petition for writ of mandamus for want of jurisdiction.²

2 We also note that before filing this petition for writ of mandamus, we confirmed that the trial-court orders declaring Amir-Sharif a vexatious litigant had been reversed by the Dallas Court of Appeals and that these judgments are final. See Amir-Sharif v. Quick Trip Corp., 416 S.W.3d 914, 921 (Tex. App.—Dallas 2013, no pet.); Amir-Sharif v. Quick Trip Corp., No. 05-09-01497-CV, 2011 WL 1367042, at *3 (Tex. App.—Dallas Apr. 12, 2011, no pet.) (mem. op.). The Office of Court Administration removed Amir-Sharif's name from the vexatious-litigant list before our Clerk filed the petition for writ of mandamus, rendering Amir-Sharif's claims moot. See Tex. Civ. Prac. & Rem. Code § 11.103(a) (prohibiting clerk of court from filing original proceeding presented pro se by vexatious litigant subject to prefiling order unless litigant obtains order from appropriate local administrative judge). --------

/s/_________

Cindy Olson Bourland, Justice Before Chief Justice Rose, Justices Pemberton and Bourland Filed: February 19, 2016