Fourth Court of Appeals
San Antonio, Texas
August 12, 2019
No. 04-19-00472-CV
IN RE John M. DONOHUE
Original Mandamus Proceeding 1
ORDER
Sitting: Luz Elena D. Chapa, Justice
Beth Watkins, Justice
Liza A. Rodriguez, Justice
On August 2, 2019, relator filed a pro se petition for writ of mandamus complaining of
the trial court’s orders declaring him a vexatious litigant, denying his motion to reinstate after the
trial court dismissed his lawsuit for want of prosecution, and granting pleas to the jurisdiction
filed by the defendants in his lawsuit. Relator has been designated a vexatious litigant. As a pro
se vexatious litigant, relator is prohibited from filing any new litigation in a court of this State
without first obtaining permission from the local administrative judge. See TEX. CIV. PRAC. &
REM. CODE §§ 11.102(a), 11.103(a). A petition for writ of mandamus is a civil action to which
the vexatious litigant statute applies. In re Crenshaw, 05-19-00633-CV, 2019 WL 2710755
(Tex. App.—Dallas June 28, 2019, orig. proceeding) (mem. op.); see also TEX. CIV. PRAC. &
REM. CODE § 11.103(a) (clerk of a court “may not file [an] . . . original proceeding . . . presented,
pro se, by a vexatious litigant subject to a prefiling order” unless pro se litigant first obtains
permission from appropriate local administrative judge).
1
This proceeding arises out of Cause No. CV-XX-XXXXXXX, styled John M. Donohue v. Bandera County Law
Enforcement Personnel, et al., pending in the 198th Judicial District Court, Bandera County, Texas, the Honorable
M. Rex Emerson presiding.
Relator is hereby ORDERED to file in this court, no later than August 23, 2019, an
order from the appropriate local administrative judge granting relator permission to bring this
original proceeding. 2
It is so ORDERED on August 12, 2019.
PER CURIAM
ATTESTED TO: _______________________
Keith E. Hottle
Clerk of Court
2
This court’s July 17, 2019 order allowing relator to file a petition for writ of mandamus no later than August 2,
2019 does not constitute “permission” to pro se file an original proceeding as required by Texas Civil Practice and
Remedies Code section 11.103(a). Such permission may only be obtained from the appropriate local administrative
judge.