DISMISS and Opinion Filed September 23, 2020 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-20-00691-CV 

IN RE RYAN GALLAGHER, Relator 

Original Proceeding from the 416th Judicial District Court 

Collin County, Texas 

Trial Court Cause No. 416-00049-2020 

MEMORANDUM OPINION 

Before Chief Justice Burns, Justice Myers, and Justice Evans 

Opinion by Justice Evans 

Before the Court are relator Ryan Gallagher’s July 21, 2020 “Motion for Writ 

of Error and Turnover/Subpoena,” which we construe as a petition for writ of 

mandamus, and real parties in interest’s July 23, 2020 “Motion to Strike Vexatious 

Litigant Gallagher’s Presumed Mandamus, or Alternatively, Strike Improper 

Briefing Pending Appeal.” Relator has been declared a vexatious litigant and is 

prohibited from filing pro se any new litigation in a court of this State without first 

obtaining permission from the local administrative judge. See TEX. CIV. PRAC. &

REM.CODE §§ 11.102(a), 11.103(a). A petition for writ of mandamus is a civil action 

for which the vexatious litigant statute applies. Cooper v. McNulty, No. 05-15-
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00801-CV, 2016 WL 6093999, at *3 (Tex. App.—Dallas Oct. 19, 2016, no pet.) 

(mem. op.) (citing Retzlaff v. GoAmerica Commc’ns Corp., 356 S.W.3d 689, 700 

(Tex. App.—El Paso 2011, no pet.) (concluding under statutory definitions, “a 

person who seeks mandamus relief commences a civil action in the appellate 

court”)); see also TEX. CIV. PRAC. & REM. CODE § 11.001(2) (defining “litigation” 

as “a civil action commenced, maintained, or pending in any state or federal court.”); 

id. § 11.103(a) (the clerk of a court “may not file a litigation, original proceeding, 

appeal, or other claim presented, pro se, by a vexatious litigant subject to a prefiling 

order” unless the litigant first obtains permission). 

Relator filed this original proceeding without first obtaining the required 

permission. By letter dated July 23, 2020, we ordered relator to file a copy of an 

order from the local administrative judge giving him permission to file this original 

proceeding by August 20, 2020. We cautioned him that failure to provide the written 

verification of permission to file may result in dismissal of this original proceeding 

for want of jurisdiction without further notice. 

To date, relator has not provided this Court with a written order from the local 

administrative judge giving him permission to file this original proceeding. 

Accordingly, we grant real parties’ motion to the extent that we dismiss this original 

proceeding for lack of jurisdiction. See TEX. CIV. PRAC. & REM. CODE § 11.1035(b) 

(the court “shall dismiss the litigation unless the [vexatious litigant subject to a 

prefiling order] . . . obtains an order from the appropriate local administrative judge 
 –3– 

described by Section 11.102(a) permitting the filing of the litigation”); see also In 

re Johnson, No. 03-13-00531-CV, 2013 WL 4822489, at *1 (Tex. App.—Austin 

Aug. 30, 2013, orig. proceeding) (mem. op.) (dismissing petition for writ of 

mandamus when vexatious-litigant relator made no showing that he had obtained 

order from local administrative judge permitting filing thereof). 

200691F.P05 

/David Evans/ 

DAVID EVANS 

JUSTICE