Court of Civil Appeals of Texas, 2023

In Re Lonnie Kade Welsh v. the State of Texas

In Re Lonnie Kade Welsh v. the State of Texas
Court of Civil Appeals of Texas · Decided February 23, 2023

In Re Lonnie Kade Welsh v. the State of Texas

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-23-00027-CV __________________

IN RE LONNIE KADE WELSH __________________________________________________________________ Original Proceeding 435th District Court of Montgomery County, Texas Trial Cause No. 15-01-00659-CV __________________________________________________________________ MEMORANDUM OPINION Lonnie Kade Welsh has been declared a vexatious litigant and is prohibited from filing pro se any new litigation in a court of this State without first obtaining permission from the local administrative judge. See Tex. Civ. Prac. & Rem. Code Ann. §§ 11.102(a), 11.103(a). Welsh filed his mandamus petition without first obtaining the required permission.

A clerk of a court may not file litigation presented, pro se, by a vexatious litigant who is 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). On February 3, 2023, we notified the parties that Welsh is a vexatious litigant and warned that the mandamus proceeding would be dismissed unless we received an order from the local administrative judge. See Tex. Civ. Prac. & Rem. Code Ann. § 11.102(a). We have not received notice that the local administrative judge has permitted the filing of litigation by Welsh. Accordingly, the petition is dismissed without prejudice.

PETITION DISMISSED.

PER CURIAM Submitted on February 22, 2023 Opinion Delivered February 23, 2023 Before Horton, Johnson and Wright, JJ.

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