Tracy Nixon v. Attorney General of the State of Texas, Ken Paxton, Texas Comptroller of Public Accounts, Texas House of Representatives, and Governor of Texas Greg Abbott ( 2018 )


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  •                             Miscellaneous Order No. DC-18-OO1O-D
    Court of Appeals No. 05-17-01080-CV
    District Court No. DF-00-14691
    IN RE:                                                §    IN THE DISTRICT COURT
    §
    TRACY NIXON,                                          §    DALLAS COUNTY, TEXAS
    §
    A VEXATIOUS LITIGANT.                                 §    95TH   JUDICIAL DISTRICT
    ORDER
    Before the Court is the request of Tracy Nixon, a vexatious litigant, for permission
    to seek review by the Supreme Court of Texas of reviewable actions of the Court of
    Appeals for the fifth District of Texas at Dallas.
    An individual declared a vexatious Litigant pursuant to Tex. Civ. Prac. & Rem.
    Code   §   11.101(a) may be required to obtain permission from the appropriate local
    administrative judge before filing, pro se, “new litigation in a court to which the
    [prefihingi order applies...   .“   
    Id., § 11.102(a).
    Having considered the facts and the law, and having reviewed in detail the filings
    in the actions at issue, it is the Court’s opinion that Nixon’s request should be
    GRANTED. Accordingly, Tracy Nixon is hereby granted permission to seek review by
    the Supreme Court of Texas of actions of the Fifth District Court of Appeals at Dallas in
    No. 05-17-010$0-CV, which case originated in the family District Court in Cause No.
    Df-0O-14691.
    ORDER Page 1
    -
    IT IS SO ORDERED.
    Signed this   day of November, 2018.
    KEN M0LBERG    \/
    Judge, 95TH DistrictCourt
    Local Administrative District Judge,
    Dallas County, Texas
    ORDER Page 2
    -
    Order entered October 30, 2018
    In The
    €ourt of ppcat
    fifj itritt of ZEexa at Daffa
    No. O5-17-01080-CV       —
    TRACY NIXON, Appellant
    V.
    THE ATTORNEY GENERAL OF THE STATE OF TEXAS, Appellee
    On Appeal from the 301st Judicial District Court
    Dallas Conntv Texas
    Trial Court Cause No. DF-004 4691
    ORDER
    Before the Court En Banc
    Befoe the Court is appellant’s October 17, 201$ motion for rehearing en banc.
    Appellant’s motion is DENIED.
    /s/   CAROLYN WRIGHT
    CH[Ef JUSTICE
    THE SUPREME COURT OF TEXAS
    tracy nixon     ,   petitioner
    NO.
    vs,
    the attorney general of the state
    of texas,     respondent
    kimberlyn rhynes
    respondent
    texas comptroller of public account,                       respondent
    texas house of representitives        ,   respondent
    petitioners motion to extend time to
    extend time to file petition for revie.
    a.       iritroouction
    1.   PETITIONER IS TRACY NIXON RESPONDENT IS THE ATTORNEY GENERAL
    OF THE STATE OF TEXAS,      KIMBERLYN RHYNES,           RESPONDENT
    TEXAS COMPTROLLER OF PUBLIC ACCOUNT             ,   RESPONDENT
    TEXAS HOUSE OF REPRESENTITIVES        ,   RESPONDENT.
    PAGE   1. E’Ø’EN
    IOD TO FILE A
    2. THIS MOTION IS    FILED WITHIN THE 15- DAY PER
    E A PETITION FOR REVIEW,
    MOTION TO EXTEND TIME TO FIL
    CIVIL PROCEDURE 53..7ff).
    AS REOUIREDBY TEXAS RULE OF
    TO THIS MOTION.
    3. THE PARTIES HAVE NOT AGREED
    BEFORE
    E TO CONTACT THE RESPONDENTS
    THE PETITIONER WAS NOT ABL
    RGENCY TO FILE
    FILING THIS       MOTION BECAUSE OF THE EME
    REVIEW.
    THIS MOTION TO EXTEND  TIME TO FILE PETITION FOR
    b.    aurgument and au thorities
    NT
    UNDER RULE 53.7(f) TO GRA
    4.  THE COURT HAS THE AUTHORITY
    REVIEW.
    TO FILE HIS PETITION FOR
    PETITIONER ADDITIONAL TIME
    COURT OF APPEALS           ISSUED ITS JUDGMENT
    5..THE
    j IN NO                      —   (Zq
    ON   C:    ‘U
    .
    t
    ION FOR REHEARING
    SITTING EN BANC     DENYING THE APPELLANTS MOT
    WRIGHT.
    EN BANC.     ISSUED BY CHIEF CAROLYN
    PAGE 2.   EXTEN
    6. PETITIONERS MOTION FOR REHE1RING   WAS DENIED ON      ((ifZr   (   ,2018
    7.   PETITIONER REQUEST ADDITIONAL TIME OF 45 DAYS TO FILE A
    PETITION FOR REVIEW.
    8.   PETITIONER NEEDS ADDITIONAL TIME TO FILE PETITION FOR REVIEW
    BECAUSE THE PETITIONER IS FINANCIALLY UNABLE TO PAY THE FILING
    FEE. AND COST FOR A SUPERSEADEAS BOND..
    9. THE PETITIONER IS AWAITING APPROVAL FROM         LOCAL ADMINIS
    TRATIVE      JUDICIAL COURT JUDGE KEN MOLBERG   .   BECAUSE PETITIONER
    WAS DECLARED A VEXATIOUS LITIGANT BY THE TRIAL COURT HERE ON
    PETITION FOR REVIEW..
    RESPEFUjLY SUBMITTED
    TRACY NIXON PRO SE
    4415 S. MALCOLM XBLVD
    DALLAS TEXAS 75215
    469—685—2850
    PAGE 3.      EXTEN
    SENSITIVE DATA
    NOT1CE T1fiS DOCUMENT CONTAINS
    NCP Name:   TRJCY NIXON
    CP Name:    KIAIBERL}WJTh”TS
    OAG Number: 46O5l664
    CAUSE NUMBER DFI 601234
    Y   IN THE 3OlSTDITRICTCJ’?I
    TRACYNIXON
    OF
    §
    DALLAS’ COUNTY, TEXAS
    XtMBERLYN RiIYNES & the OFFICE OF (HE
    ATTORNEY GENERAL
    A VEXATiOUS LITIGANT AND
    ORDER DECtARING TRACY NIXON AS
    PRE-FILTNG 0 R D £ R
    Nixon a Vexatious Litigant, and the
    Came to be heard Defendant’s Motion to Declare Tracy
    in
    vexatious litigant pursuant to the procedures set forth
    Court first declares Mr. Tracy Nixon to he a
    issue:
    Texas Rules o Civil Procedure    §   11, is oCthc opinion that the following order shall
    prohibited from Iling inprnprkt peiono any
    It is ORDl.RED that Mr. Tracy Nixon is herchy
    eiudge
    obtaining perrnssion Prom a local administrativ
    new litigation in a court of this State without first
    litigation in violation of this order, that
    pucsuanto CPRC      §   I L102. lfMr. Tracy Nixon does fIle new
    by Texas
    Nixon will he subject to sanctions as proscribed
    suit will ho stibject to dismissal and Mr. Tracy
    Civil Practice kind Remedies Code      11.101(b).
    deiinkion oFa vexatious      litigant, he is te;uired to Furnish
    Because Mr. Nixon clearly fits the statutory
    ha does   not furnish
    and the Court will dismiss this suit if
    security forthe benefit oFthe moingdefendaflt
    the security within the time set by the
    order- CPRC      § 1 1.055-56.
    for the benefit of the
    ordered to furnish a $3000f) security
    In the underlying case, Mr. Nixon is
    into the Dallas County Trust Rcgistry
    moving defendant which will be deposited
    2
    

Document Info

Docket Number: 18-1005

Filed Date: 12/5/2018

Precedential Status: Precedential

Modified Date: 12/7/2018