Nathaniel Jones III v. Warden Carter Appeal from 60th District Court of Jefferson County (memorandum opinion )
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00081-CV ____________________ NATHANIEL JONES III, Appellant V. WARDEN CARTER, Appellee _______________________________________________________ ______________ On Appeal from the 60th District Court Jefferson County, Texas Trial Cause No. B-196,422 ________________________________________________________ _____________ MEMORANDUM OPINION On November 13, 2015, the trial court declared Nathaniel Jones III a vexatious litigant and signed a separate order requiring that Jones obtain a prefiling order from the local administrative judge before filing any new litigation in any court. See Tex. Civ. Prac. & Rem. Code Ann. § 11. 101 (West Supp. 2015). A pre-filing order is appealable. See id. § 11. 101(c). The notice of appeal for an accelerated appeal of the pre-filing order was due December 3, 2015. See Restrepo v. Alliance Riggers & Constructors, Ltd., No. 08-15-00011-CV, 2015 WL 999950, 1 at *2 (Tex. App.—El Paso Mar. 4, 2015, no pet.) (mem. op.); Tex. R. App. P. 26.1(b). On March 3, 2016, we received a notice of appeal. On March 16, 2016, we notified the appellant that the notice of appeal was filed outside the time for which an extension of time may be granted for the filing of a notice of appeal. See Tex. R. App. P. 26.3. Jones did not file a response that shows that he filed a notice of appeal within fifteen days of its due date. See id. We dismiss the appeal for lack of jurisdiction. APPEAL DISMISSED. ________________________________ LEANNE JOHNSON Justice Submitted on May 18, 2016 Opinion Delivered May 19, 2016 Before McKeithen, C.J., Horton and Johnson, JJ. 2
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