Opinion
NO. 01-17-00932-CV
05-31-2018
IN RE EDWARD R. NEWSOME, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Proceeding pro se, relator, Edward R. Newsome, has filed an "Amended Motion for Leave to File Writ of Mandamus and Petition for Writ of Prohibition" in which he challenges the denial of his "bench warrant motion to appear at [his] hearing" in the underlying trial court proceeding.
The underlying case is Edward Roy Newsome v. John Joseph Sutter, Attorney at Law, Case No. 2016-45108, in the 55th District Court of Harris County, the Honorable Jeff Shadwick presiding.
A Harris County district court has declared relator a vexatious litigant and signed a prefiling order. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 11.054, 11.101(a) (Vernon 2017); Newsome v. Mewis, No. 2012-24410 (151st Dist. Ct., Harris County, Tex. Feb. 8, 2017); see also Newsome v. Mewis, No. 14-17-00357-CV, 2017 WL 3927272, at *1 (Tex. App.—Houston [14th Dist.] Sept. 7, 2017, no pet.) (mem. op.) (dismissing appeal of vexatious litigant order). The Clerk of this Court may not file an original proceeding or other claim presented pro se by a vexatious litigant subject to a prefiling order unless he obtains an order permitting the filing from the local administrative judge. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.103(a) (Vernon 2017); In re Johnson, No. 08-15-00162-CV, 2015 WL 3505177, at *1 (Tex. App.—El Paso June 3, 2015, orig. proceeding) (mem. op.); see TEX. CIV. PRAC. & REM. CODE ANN. § 11.102(a) (Vernon 2017). We notified relator that this original proceeding was subject to dismissal unless he provided proof that he had obtained permission from the appropriate administrative judge to file his petition. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.1035(b) (Vernon 2017); cf. TEX. R. APP. P. 42.3. Relator responded with an "Amended Motion for Leave to File for Permission to Appeal to a Local Administrative Judge under Tex. Civ. Prac. & Rem. Code [§] 11.102(c) on Motion to Transfer." That document, however, does not show that relator has obtained permission from the local administrative judge to file his petition. And the Clerk of this Court has not received an order granting him such permission.
Accordingly, we dismiss the petition. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.1035(b); In re Johnson, 2015 WL 3505177, at *1. We dismiss all pending motions as moot.
PER CURIAM Panel consists of Chief Justice Radack and Justices Jennings and Lloyd.