### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03
- 21
- 00487
- CV

Darrell J. Harper , Appellant

v. The State of Texas , Appellee

FROM THE 201ST DISTRICT COURT OF TRAVIS COUNTY NO. D
- 1
- GN
- 14
- 004224 , THE HONORABLE RHONDA HURLEY , JUDGE PRESIDING

M E M O R A N D U M O P I N I O N
Appellant Darrell J. Harper, proceeding pro se, filed a notice of appeal in the trial court on September 2 1 , 2021

. However, Harper has been designated a vexatious litigant and is on the State of Texas ’ list of vexat io us litigants compi led by the Office of Court Ad ministration (OCA)

. See Tex. Civ. Prac. & Rem. Code §§ 11. 1 01 (generally authorizing court to enter order prohibiting person from filing “a new litigation” pro se without permission
from local administrati ve jud ge when court, after notice and hearing, finds that person is “vexatious litigant”), . 1 04(b) (requiring OCA to “post on the agency ’ s Internet website a list of vexatious litigants subject to prefiling orders”), .054 (listin g criteria for finding pla inti ff vexatious litigant); OCA List of Vexatious Litigants Subject to a Prefiling Order , available at https://www.txcourts.gov/judicial

- data/vexatious

- litigants/ (last visited Dec. 1 7 , 20 21 ).

The OCA list reflects that Harper is s ubject to a prefiling o rder that was filed in Travis County in January 2015 specifically prohibiting him “from filing new litigation in any2

court in this State without permission from a local administrative judge in each new litigation.”
See http://www.txc ourts.gov/media/843678/ Darr ell

- Harper.pdf (last visited Dec. 17 , 20 21 ); see also Tex. Civ. Prac. & Rem. Code §§ 11.102 (generally prohibiting vexatious litigant from filing “new litigation” without permission from local administrative judge), .103 (general ly prohibiting clerk of cou rt from filing “litigation, original proceeding, appeal, or other claim presented,
pro se, by a vexatious litigant subject to a prefiling order under Section 11.101 unless the litigant obtains an order from the appropriate local administrative judge de scri bed by Section 11.102(a) permitting the filing”); Douglas v. Government Emp. Ins. Co. , No. 01

- 12

- 00129

- CV, 2013 WL 1490497 , at * 1 (Tex. App.

— Houston [1st Dist.] Apr. 11, 2013, no pet.) (mem. op.) (des cribing chapter 11 prefiling requirements for vexati ous litigants); Johnson v. Hughey , No. 06

- 12

- 00079

- CV, 2012 WL 4761546 , at *1 (Tex. App.

— Texarkana Oct. 5, 2012, no pet.) (mem. op.) (same).

By order dated November 19 , 20 21 , w e notified Harper that he was required to obtain the permission of the local a dmin is trative judge to file this appeal, provided him with the address of the local administrative judge, and ordered him within thirty days of the date of the order to demonstra te to this Court that he had obtained permission from the local administrative jud ge to file this appeal. See Tex. Civ. Prac. & Rem. Code §§ 11. 1 01

– .003. We also notified him that if he failed to comply with the order within 30 days, we would dismiss this appeal.

Harper has failed to demonstrate that he has obtained the local ad mini st rative judge ’ s permission to file this appeal. Accordingly, we dismiss this appeal. See Silver v. Abbott , No. 03

- 19

- 00706

- CV, 2019 WL 6139503, at *1 (Tex. App.

— Austin Nov. 20, 2019, no pet.) (mem. op.) (dismissing appeal because v exatious litigant that w as subject to prefiling order failed to comply with chapter 11 ’ s requirement of obtaining local administrative judge ’ s permission to file appeal)

.3 __________________________________________ Thomas J. Baker , Justice Before Justices Goodwin, Baker, and Smith Dismisse d Filed: December 31, 2021