DISMISS and Opinion F iled 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, Jus tice Myers, and Justice Evans Opinion by Justice Evans Before the Court are relator Ryan Gallagher’s July 21, 2020 “Mo tion for Writ of Error and Turnover/Subpoena,” which we construe as a petitio n for writ of mandamus, and real parties in interest’s July 23, 2020 “Motion to Strike Vexatious Litigant Gallagher’s Presumed Manda mus, or Alternatively, Strik e 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 T EX
. C IV
. P RAC

. &
R EM
. C ODE §§ 11.102(a), 11.103(a). A p etition for writ of mandamus is a civil action for which the vexatious litigant statute applies. Cooper v. McNulty , No. 05-15-–2– 00801-CV, 2016 WL 6093999, at *3 (Tex. App.—Dallas Oct. 19, 201 6, 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 d efinitions, “a person who seeks mandamus relief commences a civil action in th e appellate court”)); see also T EX
. C IV
. P RAC

. & R EM
. C ODE § 11.001(2) (defining “litigation” as “a civil action commenced, maintained, or pending in any sta te 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 litiga nt subject to a prefiling order” unless the litigant fi rst 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 t o provide the written verification of permission to file may result in dismissal of t his original proceeding for want of jurisdiction without further notice. To date, relator has not provided this Court with a written ord er from the local administrative judge giving him permission to file this origina l proceeding. Accordingly, we grant real parties’ motion to the extent that w e dismiss this original proceeding for lack of jurisdiction. See T EX
. C IV
. P RAC

. & R EM
. C ODE § 11.1035(b) (the court “shall dismiss the litigation unless the [vexatious litigant subject to a prefiling order] . . . obtains an order from the appropriate lo cal administrative judge–3– described by Section 11.102(a) p ermitting the filing of the lit igation”); see also In
re Johnson , No. 03-13-00531-CV, 2013 WL 4822 489, at *1 (Tex. App.—Austin Aug. 30, 2013, orig. proceeding) (mem. op.) (dismissing petitio n for writ of mandamus when vexatious-litigant relator made no showing that h e had obtained order from local administrative judge permitting filing thereof ).

200691F.P05 /David Evans/ DAVID EVANS JUSTICE