NUMBER 13-21-00187-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
____________________________________________________________
MICHAEL MCCANN, TDCJ #879919, Appellant,
v.
MEGAN THOMPSON, ET AL., Appellees.
____________________________________________________________
On appeal from the 343rd District Court
of Bee County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Hinojosa and Silva
Memorandum Opinion by Chief Justice Contreras
Appellant, Michael McCann, attempted to perfect an appeal from an order issued
by the trial court. Appellant is on the list of vexatious litigants compiled by the Office
of the Court Administration of the Texas Judicial System, and he 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. § 11.104; see generally
https://www.txcourts.gov/judicial-data/vexatious-litigants/.
The Clerk of this Court notified appellant that the attempted appeal fails to
comply with the vexatious litigant statute. Appellant was advised that unless he has
obtained the permission of the local administrative judge and provided a copy of such
order permitting the filing of this appeal within ten days from the date of receipt of
this notice, the appeal would be dismissed.
Appellant has failed to respond to the Court’s directive and the record before the
Court fails to show that appellant obtained the permission of the local administrative
judge to file this appeal. 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." TEX.
CIV. PRAC. & REM. CODE ANN. § 11.103.
The Court, having considered the documents on file and appellant's failure to
correct the defect in this matter, is of the opinion that the appeal should be dismissed.
Accordingly, the appeal is dismissed. See TEX. R. APP. P. 42.3(a),(c).
DORI CONTRERAS
Chief Justice
Delivered and filed on the
16th day of September, 2021.
2