In re: R. Wayne JohnsonAppeal from ... of ... County (memorandum opinion by chief justice iii morriss)

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In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-13-00137-CV IN RE: R. WAYNE JOHNSON Original Mandamus Proceeding Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION R. Wayne Johnson has filed a petition for writ of mandamus asking this Court to give him relief from a contempt order entered by the Honorable Laurine Blake, Judge of the 336th Judicial District Court of Fannin County. We deny the requested relief. We discern from Johnson s petition only that the trial court apparently held Johnson in contempt of court and fined him $300.00. Johnson complains that the trial court had no authority to enforce the order of another court by holding him in contempt. Beyond these cryptic statements, we have no information regarding the facts underlying Johnson s petition, as Johnson has failed to provide a record. It is the relator s burden to provide this Court with a sufficient record to establish his right to mandamus relief. In re Blakeney, 254 S.W.3d 659, 661 (Tex. App. Texarkana 2008, orig. proceeding) (citing Walker v. Packer, 827 S.W.2d 833, 839 40 (Tex. 1992) (orig. proceeding)); see TEX. R. APP. P. 52.3. The record must include a certified or sworn copy of any order complained of, or any other document showing the matter complained of. TEX. R. APP. P. 52.3(k)(1)(A). Additionally, the relator must furnish a record that includes a certified or sworn copy of every document that is material to the relator s claim for relief and that was filed in any underlying proceeding. TEX. R. APP. P. 52.7(a)(1). Johnson has not filed a record in this mandamus proceeding and has thus failed to establish his entitlement to mandamus relief. Additionally, as this Court noted in In re Johnson, No. 06-12-00057-CV, 2012 WL 2094424, at *1 (Tex. App. Texarkana June 11, 2012, orig. proceeding) (mem. op.), Johnson is on the State of Texas list of vexatious litigants. See generally TEX. CIV. PRAC. & REM. CODE 2 ANN. ยงยง 11.051 .057 (West 2002 & West Supp. 2013). Johnson has not addressed the effect of these orders in his petition for writ of mandamus relief. 1 For the reasons stated, we deny Johnson s petition for writ of mandamus. Josh R. Morriss, III Chief Justice Date Submitted: Date Decided: January 6, 2014 January 7, 2014 1 We have previously dealt with Johnson in his capacity as a vexatious litigant, as have at least three of our sister courts. See In re Johnson, No. 06 11 00116 CV, 2011 WL 5135298 (Tex. App. Texarkana Oct. 28, 2011, orig. proceeding) (mem. op.); In re Johnson, No. 06 11 00096 CV, 2011 WL 4686502 (Tex. App. Texarkana Oct. 7, 2011, orig. proceeding) (mem. op.); In re Johnson, No. 13 12 00024 CV, 2012 WL 171920 (Tex. App. Corpus Christi Jan. 18, 2012, orig. proceeding) (mem. op.); In re Johnson, No. 07 10 00254 CV, 2011 WL 2554381 (Tex. App. Amarillo June 28, 2011, orig. proceeding) (mem. op.); In re Johnson, No. 07 09 00008 CV, 2010 WL 1904276 (Tex. App. Amarillo May 11, 2010, orig. proceeding) (mem. op.); In re Johnson, No. 07 10 00202 CV, 2010 WL 4740437 (Tex. App. Amarillo Nov. 23, 2010, orig. proceeding) (mem. op.); In re Johnson, No. 07 07 0431 CV, 2009 WL 2225844 (Tex. App. Amarillo July 27, 2009, orig. proceeding) (mem. op.); In re Johnson, No. 07 07 0245 CV, 2008 WL 2681314 (Tex. App. Amarillo July 9, 2008, orig. proceeding); In re Johnson, No. 07 06 00445 CV, 2006 WL 3543015 (Tex. App. Amarillo Dec. 8, 2006, orig. proceeding); In re Johnson, No. 07 04 0009 CV, 2004 WL 76363 (Tex. App. Amarillo Jan. 16, 2004, orig. proceeding) (mem. op.); In re Johnson, No. 09 04 129 CV, 2004 WL 584426 (Tex. App. Beaumont Mar. 25, 2004, orig. proceeding) (mem. op.). 3

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