                                     In The

                                Court of Appeals

                      Ninth District of Texas at Beaumont

                             _________________
                              NO. 09-13-00209-CV
                             _________________


                         IN RE R. WAYNE JOHNSON

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                              Original Proceeding
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                         MEMORANDUM OPINION

      On May 2, 2013, we received a petition for writ of mandamus from R.

Wayne Johnson. Johnson is a vexatious litigant subject to prefiling orders. Tex.

Civ. Prac. & Rem. Code Ann. § 11.104 (West Supp. 2012); see

http://www.courts.state.tx.us/oca/VexatiousLitigants.asp. A clerk of a court may

not file an original proceeding presented by a vexatious litigant subject to a

prefiling order unless the litigant obtains an order from the local administrative

judge permitting the filing. Tex. Civ. Prac. & Rem. Code Ann. § 11.103(a) (West

Supp . 2012). On May 9, 2013, we notified the parties that the petition was subject

to the prefiling requirement. Id. § 11.103(c). We have not received notice that the

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local administrative judge has permitted the filing of litigation by Johnson. See

Tex. Civ. Prac. & Rem. Code Ann. § 11.102(a) (West Supp . 2012). Accordingly,

the original proceeding is dismissed as improvidently filed. Tex. Civ. Prac. & Rem.

Code Ann. § 11.103(b).

      PETITION DISMISSED.

                                                   PER CURIAM


Opinion Delivered June 13, 2013
Before Gaultney, Kreger, and Horton, JJ.




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