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 ofTexas of reviewable actions ofthe 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 ofthe 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 District Court

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

vs,

the attorney general of the state

of texas, respondent

kimberlyn rhynes

respondent

texas comptroller of public account,

NO.

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

PAGE 1. E’Ø’EN

TEXAS COMPTROLLER OF PUBLIC ACCOUNT , RESPONDENT

TEXAS HOUSE OF REPRESENTITIVES , RESPONDENT.
2. THIS MOTION IS FILED WITHIN THE 15- DAY PERIOD TO FILE A

MOTION TO EXTEND TIME TO FILE A PETITION FOR REVIEW,

AS REOUIREDBY TEXAS RULE OF CIVIL PROCEDURE 53..7ff).

3. THE PARTIES HAVE NOT AGREED TO THIS MOTION.

THE PETITIONER WAS NOT ABLE TO CONTACT THE RESPONDENTS BEFORE

FILING THIS MOTION BECAUSE OF THE EMERGENCY TO FILE

THIS MOTION TO EXTEND TIME TO FILE PETITION FOR REVIEW.

b. aurgument and au thorities

4. THE COURT HAS THE AUTHORITY UNDER RULE 53.7(f) TO GRANT

PETITIONER ADDITIONAL TIME TO FILE HIS PETITION FOR REVIEW.

5..THE COURT OF APPEALS ISSUED ITS JUDGMENT

ON C: .jIN NO —(Zq

‘U t

SITTING EN BANC DENYING THE APPELLANTS MOTION FOR REHEARING

EN BANC. ISSUED BY CHIEF CAROLYN WRIGHT.

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
NOT1CE T1fiS DOCUMENT CONTAINS SENSITIVE DATA

NCP Name: TRJCY NIXON

CP Name: KIAIBERL}WJTh”TS

OAG Number: 46O5l664

CAUSE NUMBER DFI 601234

TRACYNIXON Y IN THE 3OlSTDITRICTCJ’?I

§ OF

XtMBERLYN RiIYNES & the OFFICE OF (HE DALLAS’ COUNTY, TEXAS

ATTORNEY GENERAL

ORDER DECtARING TRACY NIXON AS A VEXATiOUS LITIGANT AND

PRE-FILTNG 0 R D £ R

Came to be heard Defendant’s Motion to Declare Tracy Nixon a Vexatious Litigant, and the

Court first declares Mr. Tracy Nixon to he a vexatious litigant pursuant to the procedures set forth in

Texas Rules o Civil Procedure § 11, is oCthc opinion that the following order shall issue:

It is ORDl.RED that Mr. Tracy Nixon is herchy prohibited from Iling inprnprkt peiono any

new litigation in a court ofthis State without first obtaining perrnssion Prom a local administrativeiudge

pucsuanto CPRC § I L102. lfMr. Tracy Nixon does fIle new litigation in violation of this order, that

suit will ho stibject to dismissal and Mr. Tracy Nixon will he subject to sanctions as proscribed by Texas

Civil Practice kind Remedies Code 11.101(b).

Because Mr. Nixon clearly fits the statutory deiinkion oFa vexatious litigant, he is te;uired to Furnish

security forthe benefit oFthe moingdefendaflt and the Court will dismiss this suit if ha does not furnish

the security within the time set by the order- CPRC § 1 1.055-56.

In the underlying case, Mr. Nixon is ordered to furnish a $3000f) security for the benefit of the

moving defendant which will be deposited into the Dallas County Trust Rcgistry

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