in Re Kristofer Thomas Kastner ( 2013 )

Opinion issued August 20, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00318-CV
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IN RE KRISTOFER THOMAS KASTNER, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Kristofer Thomas Kastner, who has been deemed a vexatious
litigant subject to a prefiling order, has filed a pro se petition for writ of
mandamus, asking this Court to compel the respondent1 to grant permission for
relator to appeal from the trial court’s dismissal of the underlying case. See TEX.
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The respondent is the Honorable Ken Wise, Local Administrative Judge of Harris
County, Texas. The underlying case is Kastner v. Harris County, Former Sheriff
Tommy Thomas, and Harris County Sheriff’s Deputies Saulo Aguilar, Michael
Lecompte, and M. Reynaud, No. 2008-45366 (189th Dist. Court, Harris County,
Tex.).
CIV. PRAC. & REM. CODE ANN. § 11.102(c) (West Supp. 2012) (providing that
decision of local administrative judge denying litigant permission to file litigation
may be reviewed by petition for writ of mandamus to court of appeals); TEX. CIV.
PRAC. & REM. CODE ANN. § 11.103(a) (West Supp. 2012) ( “[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 . . . unless the litigant obtains an order
from the local administrative judge under Section 11.102 permitting the filing of
the litigation.”); In re Johnson, 390 S.W.3d 584, 585–86 (Tex. App.—Amarillo
2012, orig. proceeding); In re Potts, 357 S.W.3d 766, 768 (Tex. App.—Houston
[14th Dist.] 2011, orig. proceeding); Brown v. Texas Bd. of Nursing Exam’rs, 194
S.W.3d 721, 722–23 (Tex. App.—Dallas 2006, no pet.).
We deny the petition for writ of mandamus. All pending motions are
dismissed as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Brown.
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