Michael McCann, TDCJ 879919 v. C.O v. Jesus DeHoyos ( 2021 )


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  •                          NUMBER 13-21-00184-CV
    COURT OF APPEALS
    THIRTEENTH DISTRICT OF TEXAS
    CORPUS CHRISTI – EDINBURG
    ____________________________________________________________
    MICHAEL MCCANN, TDCJ #879919,                                                Appellant,
    v.
    C.O.V. JESUS DEHOYOS, ET AL.,                      Appellees.
    ____________________________________________________________
    On appeal from the 36th 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
    

Document Info

Docket Number: 13-21-00184-CV

Filed Date: 9/16/2021

Precedential Status: Precedential

Modified Date: 9/20/2021