Frivolous suit-filing inmate shut down by appeals court for third time

David Yates Dec. 14, 2010, 4:53am

A Jefferson County inmate, who has filed more than four dozen lawsuits during his tenure at the Mark Stiles Unit, lost his third appeal in two years, as Beaumont justices refused to lift sanctions against him.

Last month, Anthony Leon Summers filed an affidavit of indigence and petition for writ of mandamus with the Texas Ninth District Court of Appeals, seeking to have sanctions lifted which prevent him from filing lawsuits and to obtain injunctive relief against several state officials, including Attorney General Greg Abbott and Texas Department of Criminal Justice Director Brad Livingston.

On Dec. 9, justices denied Summers' writ, opining that mandamus jurisdiction does not extend to persons who are not judges of a district or county court with the higher court's jurisdiction.

Summers has been deemed a vexatious litigant and can no longer file lawsuits unless he has permission from a district judge.

"Summers may be trying to avoid a vexatious litigant pre-filing order," the court's per curiam opinion states.

"He neither describes any attempt to acquire permission to file litigation nor identifies a local administrative judge from whom he sought relief. Accordingly, we deny the petition without reference to the merits.

This was the third appeal offered by Summers shot down by justices in the last two years.

In February, Summers saw his case against several employees of the Texas Department of Criminal Justice and the University of Texas Medical Branch dismissed by appellate justices.

Summers alleged TDCJ officers made fun of him because he had no friends and withheld essential medical treatment.

Two years ago, Summers' legal pursuit against Abbott ended June 26, 2008, as justices affirmed a trial court's ruling that his suit -- alleging murder conspiracy -- was frivolous.

Appeals Case No. 09-10-00519-CV

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