IN THE
TENTH COURT OF APPEALS
No. 10-11-00068-CV
IN RE JAMES C. FULLER
Original Proceeding
MEMORANDUM OPINION
James C. Fuller filed suit against the Texas Department of Criminal Justice and
TDCJ employees Benito Moya, Tommy Goodin, Freddie English, Floyd Hicks, an
unnamed property officer for the Wynne Unit, and “Major Butcher.” The trial court
granted English’s and Hicks’s motion to dismiss, and dismissed Fuller’s “cause of
action” as frivolous “with prejudice to all claims.” After the June 10 dismissal, other
defendants were served and Fuller continued to litigate his claims with respect to those
defendants. This Court found that the June 10 dismissal was not a final, appealable
judgment.
Fuller filed an Application for Writ of Mandamus on March 10, 2011 requesting
this Court to compel Honorable Judge Barbara Hale, judge of the Walker County Court
at Law, to issue a final judgment. Judge Barbara Hale signed an order April 14, 2011
and dismissed the cause of action as frivolous “with prejudice as to all claims and
parties, whether or not served with process, for failure to comply with Chapter 14 of the
Texas Civil Practices and Remedies Code.” Relator’s petition for writ of mandamus is
denied.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Petition Denied
Opinion delivered and filed May 18, 2011
[OT06]
In re Fuller Page 2