Dismiss and Opinion Filed July 31, 2013 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-00152-CV 

LESTER JON RUSTON, Appellant 

V. 

THE STATE OF TEXAS, Appellee 

On Appeal from the 366th Judicial District Court 

Collin County, Texas 

Trial Court Cause No. 366-81291-01 

MEMORANDUM OPINION 

Before Chief Justice Wright and Justices Lang-Miers and Lewis 

Opinion by Chief Justice Wright 

By letter dated June 21, 2013, we questioned our jurisdiction over this appeal. 

Specifically, we informed appellant that the Collin County District Clerk, in response to a notice 

that the clerk’s record was overdue, notified the Court that no documents had been filed in this 

case pursuant to an administrative order regarding documents submitted by appellant to the 

district clerk’s office. The administrative order, signed by the local administrative judge for 

Collin County on January 25, 2013, provides that appellant was declared a vexatious litigant on 

June 14, 2007 and attempted to file a petition for a writ of error. After reviewing the documents 

submitted by appellant, the administrative judge determined the documents were submitted 

without obtaining permission from the court as provided by the June 14, 2007 order and that the 

claims contained in the submitted documents did not set forth a legitimate request for relief. 

Therefore the administrative judge ordered the Collin County District Clerk’s office not to file 
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the documents and to return them to appellant. Thereafter, on February 1, 2013, appellant filed a 

notice of appeal “pursuant to article 44.02” of the Texas Code of Criminal Procedure. (Article 

44.02 deals with the right of a criminal defendant to appeal in a criminal matter.) By letter dated 

June 21, 2013, we questioned our jurisdiction over this appeal. We directed appellant to file a 

letter brief within twenty days regarding the jurisdictional issue. To date, appellant has not filed 

a letter brief or otherwise corresponded with the Court regarding this appeal.

Because appellant filed a notice of appeal and did not apply for a writ of mandamus, we 

dismiss this appeal for want of jurisdiction. See TEX. CIV. PRAC. & REM. CODE 11.102 (c) (West 

Supp. 2012) (decision of local administrative judge denying permission to file litigation is not 

ground for appeal, except that litigant may apply for writ of mandamus with the court of appeals 

not later than the 30th day after the date of the decision). 

130152F.P05 

 

/Carolyn Wright/ 

CAROLYN WRIGHT 

CHIEF JUSTICE 
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S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

LESTER JON RUSTON, Appellant 

No. 05-13-00152-CV V. 

THE STATE OF TEXAS, Appellee 

 On Appeal from the 366th Judicial District 

Court, Collin County, Texas 

Trial Court Cause No. 366-81291-01. 

Opinion delivered by Chief Justice Wright. 

Justices Lang-Miers and Lewis participating. 

 In accordance with this Court’s opinion of this date, this appeal is DISMISSED. 

 It is ORDERED that appellee THE STATE OF TEXAS recover its costs of this appeal 

from appellant LESTER JON RUSTON. 

Judgment entered July 31, 2013 

/Carolyn Wright/ 

CAROLYN WRIGHT 

CHIEF JUSTICE