Ex Parte Lowell Quincy Green ( 2020 )

IN THE
TENTH COURT OF APPEALS
No. 10-20-00026-CV
EX PARTE LOWELL QUINCY GREEN
Original Proceeding
OPINION AND PREFILING ORDER
Dear Mr. Green:
By many different documents you have sent to this Court, it appears you have
attempted to sue someone for damages.1 You have sent these documents directly to this
Court making a variety of claims against a variety of persons. But this Court, the Tenth
Court of Appeals, is an appellate court. We have repeatedly told you, and held in
countless opinions, that we only have jurisdiction as an appellate court to review a final
judgment of a trial court.
1
In this proceeding, we are unable to determine who you have attempted to sue for $15,000,000. You
mention four names: Governor Greg Abbott, Attorney General Ken Paxton, Attorney Courtney Brooke
Corbellas, and District Judge Matt Johnson. We are unable to determine which, if any, of these people
should be identified as a defendant, appellee, or real party in interest. Accordingly, we have styled this as
an original proceeding to facilitate the processing of this proceeding.
When you file a claim directly with this Court seeking damages from someone, we
have no choice but to dismiss your claim because we have no jurisdiction to decide the
issue. You have done this so often, and we dismissed so many of your proceedings, that
you cannot believe that this type of complaint is going to be considered by this Court.
There is simply no good faith basis for you to believe that we can or will render a
judgment on the merits of your claim. In the past, we have even asked for clarification of
your pleading or an explanation of why we would have jurisdiction to consider it. We
have never received a response that is helpful for us to understand the basis of your
claims or your repeated filing of such claims directly in this Court.
This Court has been extraordinarily patient with you. But this is the end. Your
document, which appears to have been signed on January 5, 2020 and which we received
on January 14, 2020, is the last such “complaint” that this Court will file. As with so many
other complaints that you have filed here, we dismiss this one also because there can be
no final judgment because you never filed this complaint in the trial court. Accordingly,
this proceeding is dismissed for want of jurisdiction.
Pursuant to our inherent authority, the Court orders the Clerk of this Court to not
file any new claims, appeals, or other proceedings received from you until it has been
approved for filing by the Chief Justice of this Court or the designee of the Chief Justice
of this Court. The Clerk of this Court is further ordered to create a miscellaneous
documents file in which anything we receive from you will be placed after it is received
Ex Parte Green Page 2
and reviewed, unless the Chief Justice or the designee of the Chief Justice orders it filed
as a new proceeding.2
Your repeated action of filing numerous wholly frivolous claims that have no basis
in law or fact and asking this Court to take any action thereon leaves us no available
alternative.3 We find your repeated action in filing these frivolous proceedings has no
legitimate basis and is for the sole purpose of wasting this Court’s time and other
resources and to harass both this Court and the litigants that you purport to make claims
against.
The manner and method of your conduct in filing these meritless proceedings here
may not fit within the statutory definition of a vexatious litigant, but by every non-
statutory definition, we find that is precisely what you are.
In summary, the Clerk of this Court will no longer file your documents, or create
a new proceeding with you as the appellant/relator/petitioner/applicant, unless and until
the Chief Justice of this Court or the designee of the Chief Justice of this Court has
reviewed it and determined that it should be filed.
We take no pleasure in taking this action. But at some point, we must take some
2
This process will be utilized on your document dated January 14, 2020 and received on January 21, 2020
in which you appear to complain about and seek discovery from a number of persons and entities including
UTMB-CMC-TDJC, Texas Tech, Ken Paxton, Courtney Brooke Corbellas, Greg Abbott, Pamela Theikle,
Bryan Collier, Lorie Davis, Polunsky Unit, LVN A. Lindley, LVN Kim Rend Fleisch, Dr. Carter, Dr. Baker,
Dr. Marks, Matt Johnson, and Jon Gimble.
3
Attached to this Opinion and Prefiling Order is a copy of a prior order of the Court issued in another
proceeding on October 1, 2019 which lists the many proceedings that you have previously filed.
Ex Parte Green Page 3
action to protect our limited resources from waste and abuse so that persons with non-
frivolous claims may obtain the review to which they are entitled.
You have the right to explain in a motion for rehearing why you feel we should
not take the above described actions at this time in response to what you have filed in
this proceeding and in previous proceedings filed in this Court. Your motion for
rehearing or a motion for extension of time to file a motion for rehearing must be filed by
March 19, 2020.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Neill
Pet. dismissed
Opinion delivered and filed March 4, 2020
[OT06]
Ex Parte Green Page 4
APPENDIX
TENTH COURT OF APPEALS
Chief Justice McLennan County Courthouse
Tom Gray 501 Washington Avenue, Rm. 415
Clerk
Justices
Waco, Texas 76701-1373 Nita Whitener
Rex D. Davis Phone: (254) 757-5200 Fax: (254) 757-2822
John E. Neill
October 1, 2019
Lowell Quincy Green
TDCJ #00518622
Polunsky Unit
3872 FM 350 S
Livingston, TX 77351
RE: Court of Appeals Number: 10-16-00438-CR, 10-16-00439-CR, 10-16-00440-CR
Trial Court Case Number: 2012-709-C2, 2012-790-C2, 2012-791-C2
STYLE: Ex parte Lowell Quincy Green
On September 6, 2019, we received a document filed by Lowell Quincy Green in appellate
cause numbers 10-16-00439-CR and 10-16-00440-CR. We received an additional filing from
Green in appellate cause number 10-16-00438-CR, on September 16, 2019. It is not clear from
either of these documents as to the nature of Green’s complaints. Nevertheless, below is what we
believe is a complete list of the proceedings that Green has initiated in this Court:
Cause Number Style of the Case Tenth Court of Appeals Mandate Issued
Judgment issued
10-16-00409-CV Green v. Honorable Matt December 21, 2016 May 8, 2017
Johnson
10-16-00421-CV Green v. District Attorney January 11, 2017 May 8, 2017
Abel Reyna & Sterling
Harmon
10-16-00422-CV Green v. State of Texas, January 11, 2017 May 8, 2017
Lorie Davis, David
Gutierrez, and Warden
Kato
10-16-00438-CR Ex parte Green January 11, 2017 April 11, 2017
10-16-00439-CR
10-16-00440-CR
Ex Parte Green Page 5
10-17-00004-CV Green v. Honorable Matt March 15, 2017 May 16, 2017
Johnson, City of Waco,
Detective Manuel Chavez,
Officer Jason Davis,
Officer Erin Newton,
Office Craig Stone, District
Attorney Abel Reyna,
Brandon Luce, and
Lawrence E. Johnson
10-17-00010-CV Green v. Lorie Davis & March 8, 2017 May 9, 2017
David Gutierrez
10-17-00024-CV Green v. Lawrence E. February 15, 2017 May 18, 2017
Johnson & Stan Schwieger
10-17-00066-CV In re Green March 22, 2017 N/A
10-17-00198-CV Green v. Lorie Davis & September 6, 2017 December 27, 2017
David Gutierrez
10-17-00304-CR Green v. The State of October 25, 2017 December 22, 2017
Texas
10-17-00327-CR & Ex parte Green October 25, 2017 December 22, 2017
10-17-00328-CR
10-17-00362-CV Green v. Lorie Davis & December 13, 2017 April 16, 2018
Davis Gutierrez
10-17-00367-CV In re Green November 22, 2017 N/A
10-17-00423-CR In re Green January 3, 2018 N/A
10-18-00045-CV Green v. The Honorable Case transferred to 12th
Matt Johnson Court of Appeals
10-18-00248-CV In re Green Case transferred to 12th
Court of Appeals
10-19-00017-CR In re Green January 30, 2019 N/A
10-19-00046-CV Green v. The Department March 20, 2019 May 21, 2019
of Corrections
10-19-00047-CV Green v. Stan Schwieger & April 3, 2019 June 4, 2019
Lawrence E. Johnson
10-19-00055-CV In re Green February 27, 2019 N/A
10-19-00056-CV Green v. The State of April 3, 2019 June 4, 2019
Texas, et al.
10-19-00100-CV Green v. Brandon Luce, April 3, 2019 June 4, 2019
Abel Reyna, Landon
Ramsey & Lawrence E.
Johnson
10-19-00101-CV Green v. Courtney Brooke April 3, 2019 June 4, 2019
Corbello, Greg Abbott, &
W. Ken Paxton
10-19-00106-CV Green v. Lawrence April 3, 2019 June 4, 2019
Johnson, the City of Waco,
Jon Gimble, McCreary,
Veselka, Braggs & Allen,
P.C., Robert L. Meyer &
Linda Barnes
Ex Parte Green Page 6
As shown above, appellate cause numbers 10-16-000438-CR, 10-16-00439-CR, and 10-
16-00440-CR were dismissed for want of jurisdiction on January 11, 2017, and the mandate issued
on April 11, 2017. Despite this, Green has made it a habit to continually raise the same incoherent
and incomprehensible issues in appellate cause numbers that have been resolved and closed. We
have informed Green on numerous occasions that we lack jurisdiction over suits originally filed in
this Court. See, e.g., Green v. State, No. 10-19-00056-CV, 2019 Tex. App. LEXIS 2657, at **1-2
(Tex. App.—Waco Apr. 3, 2019, no pet.) (mem. op.). However, Green has responded by
repeatedly filing additional original suits in this Court raising the same incoherent and
incomprehensible issues, but merely changing the parties in the style of the case. These actions do
not change the fact that we lack jurisdiction over Green’s original petitions filed in this Court. See
Gregory v. Foster, 35 S.W.3d 255, 257 (Tex. App.—Texarkana 2000, no pet.) (citing N.E. Indep.
Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966) (noting that only final decisions of a trial
court are appealable); see also Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001)
(holding that an appeal may be taken only from a final judgment and certain interlocutory orders
identified by statute). Furthermore, these actions have continued for the past three years and have
wasted countless hours of scarce Court time and other resources.
Therefore, we find Green’s actions to have caused a complete waste of judicial resources
as to constitute an abuse of the judicial process for which Green may be sanctioned. See, e.g.,
Green, 2019 Tex. App. LEXIS 2657, at **3-4. In accordance with our April 3, 2019 opinion, we
hereby order the Clerk to provide notice of this order to the appropriate offices at the Texas
Department of Criminal Justice, including the Correctional Institutions Division and the Parole
Division, for consideration of the forfeiture of Green’s good-time credits pursuant to section
498.0045(b) of the Texas Government Code. See id. at **4-5 (citing TEX. GOV’T CODE ANN.
§ 498.0045(b) (West 2012); Johnson v. Peeples, 399 S.W.3d 348, 352 (Tex. App.—Waco 2013,
no pet.)).
In addition to the foregoing, we inform Green that, absent legitimate claims, we will take
no further action on any future filings. We will no longer respond to any of Green’s filings, absent
any legitimate claims he may file. It is so ordered.
NITA WHITENER, CLERK
By:
Jessica Breda, Deputy Clerk
CC: Hon. Matt Johnson (DELIVERED VIA E-MAIL)
Barry N. Johnson (DELIVERED VIA E-MAIL)
Jon Gimble (DELIVERED VIA E-MAIL)
Bryan Collier
Lorie Davis
Pamela Thiekle
Ex Parte Green Page 7