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In re Johnson

Court of Appeals of Texas, Seventh District, Amarillo
Jan 16, 2004
No. 07-04-0009-CV (Tex. App. Jan. 16, 2004)

Opinion

No. 07-04-0009-CV.

January 16, 2004.

Panel A: Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.


MEMORANDUM OPINION


Relator R. Wayne Johnson seeks writs of mandamus and prohibition against respondent Honorable John Board, alleged to be the local Potter County Administrative Judge, and respondent Caroline Woodburn, District Clerk of Potter County.

In his petition, relator alleges that he has previously been declared a vexatious litigant pursuant to Tex. Civ. Pract. Rem. Code Ann. ch. 11; that respondent Woodburn has refused to file "relator's lawsuit" until relator has complied with TCPRC chapters 14 and 11; and that respondent Board is, therefore, unable to give permission for the filing of relator's suit. In support of the petition for writs, relator attached no documents or records other than a Motion to Proceed in Forma Pauperis. In a proceeding such as this, it is the relator's burden to show entitlement to the relief being requested. See generally Johnson v. Fourth District Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985) (orig. proceeding).

Relator's petition contains only allegations. Relator has not presented a record which shows entitlement to the relief sought, or upon which we are authorized to act.

The petition for writs of mandamus and prohibition is denied.


Summaries of

In re Johnson

Court of Appeals of Texas, Seventh District, Amarillo
Jan 16, 2004
No. 07-04-0009-CV (Tex. App. Jan. 16, 2004)
Case details for

In re Johnson

Case Details

Full title:IN RE R. WAYNE JOHNSON, Relator

Court:Court of Appeals of Texas, Seventh District, Amarillo

Date published: Jan 16, 2004

Citations

No. 07-04-0009-CV (Tex. App. Jan. 16, 2004)

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