In Re R. Wayne JohnsonAppeal from 284th District Court of Montgomery County (memorandum opinion per curiam)
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-13-00209-CV _________________ IN RE R. WAYNE JOHNSON ________________________________________________________________________ Original Proceeding ________________________________________________________________________ MEMORANDUM OPINION On May 2, 2013, we received a petition for writ of mandamus from R. Wayne Johnson. Johnson is a vexatious litigant subject to prefiling orders. Tex. Civ. Prac. & Rem. Code Ann. § 11.104 (West Supp. 2012); see http://www.courts.state.tx.us/oca/VexatiousLitigants.asp. A clerk of a court may not file an original proceeding presented by a vexatious litigant subject to a prefiling order unless the litigant obtains an order from the local administrative judge permitting the filing. Tex. Civ. Prac. & Rem. Code Ann. § 11.103(a) (West Supp . 2012). On May 9, 2013, we notified the parties that the petition was subject to the prefiling requirement. Id. § 11.103(c). We have not received notice that the 1 local administrative judge has permitted the filing of litigation by Johnson. See Tex. Civ. Prac. & Rem. Code Ann. § 11.102(a) (West Supp . 2012). Accordingly, the original proceeding is dismissed as improvidently filed. Tex. Civ. Prac. & Rem. Code Ann. § 11.103(b). PETITION DISMISSED. PER CURIAM Opinion Delivered June 13, 2013 Before Gaultney, Kreger, and Horton, JJ. 2
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