Opinion
No. 09-04-129 CV.
Opinion Delivered March 25, 2004.
Original Proceeding.
R. Wayne Johnson, pro se; Amarillo for appellant.
Mike McDougal, District Attorney and Gail Kikawa McConnell, Assistant District Attorney; Conroe for State.
Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.
MEMORANDUM OPINION
R. Wayne Johnson, who is an inmate confined in the Institutional Division of the Texas Department of Criminal Justice, seeks mandamus relief to compel Barbara Adamick, the Montgomery County District Clerk, to provide him with a free copy of litigation in which he was not a named party. The case in question, No. 00-06-03412-CV, was affirmed on appeal. See Beasley v. Mollett, 95 S.W.3d 590 (Tex. App.-Beaumont 2002, pet. denied).
The district clerk is not one of the persons against whom we may issue a writ of mandamus other than to protect our jurisdiction, and the relator has not shown that the writ is necessary to enforce our jurisdiction. See TEX. GOV'T CODE ANN. § 22.221 (Vernon 2004). Therefore, the relator has not shown that he is entitled to the relief sought.
We note that R. Wayne Johnson has been declared to be a vexatious litigant and is, therefore, subject to prefiling requirements. See TEX. CIV. PRAC. REM. CODE ANN. § 11.001-.104 (Vernon 2002); In re Johnson, No. 09-07-0471-CV, 2003 WL 23096040 (Tex. App.-Amarillo Dec. 30, 2003, mand. denied) (memorandum opin.). One Court of Appeals has extended the prefiling requirement to original proceedings filed in the Court of Appeals. In re Gordon, No. 01-03-00004-CV, 2003 WL 22110280 (Tex. App.-Houston [1st Dist.] Sept. 4, 2003, orig. proceeding) (memorandum opin.). We express no opinion on the application of Civil Practice and Remedies Code § 11.103(b) to mandamus petitions filed pursuant to Government Code § 22.221.
The petition for writ of mandamus, filed March 12, 2004, is DENIED.