NUMBER 13-13-00099-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE BARRY DWAYNE MINNFEE
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Garza, Benavides, and Perkes
Memorandum Opinion Per Curiam1
Relator, Barry Dwayne Minnfee, proceeding pro se, filed a petition for writ of
mandamus on February 14, 2013. The petition for writ of mandamus is unclear
regarding the specific actions or orders complained of in this original proceeding, the
identity of the respondent or the real parties in interest, or the nature of the
extraordinary relief sought by relator.
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See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is
not required to do so.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).
Relator is on the list of vexatious litigants compiled by the Office of the Court
Administration of the Texas Judicial System and has been prohibited from filing any
more litigation in Texas courts without permission of a local administrative judge. See
TEX. CIV. PRAC. & REM. CODE ANN. §§ 11.101(a), 11.102(a), 11.104 (West Supp. 2011);
see generally http://www.txcourts.gov/oca/vexatiouslitigants.asp.
The petition for writ of mandamus filed in this cause fails to show that relator
obtained the permission of the local administrative judge to file this original proceeding.
With limited exceptions not applicable to this case, "a clerk of a court may not file a
litigation, original proceeding, appeal, or other claim presented by a vexatious litigant
subject to a prefiling order under Section 11.101 unless the litigant obtains an order
from the local administrative judge permitting the filing." Id. § 11.103(a) (West Supp.
2011). Accordingly, we DISMISS this original proceeding as improvidently filed.
PER CURIAM
Delivered and filed this
15th day of February, 2013.
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