Court of Civil Appeals of Texas, 2024

In Re Michael Peterson v. the State of Texas

In Re Michael Peterson v. the State of Texas
Court of Civil Appeals of Texas · Decided May 17, 2024

In Re Michael Peterson v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00306-CV

In re Michael Peterson

ORIGINAL PROCEEDING FROM THE PUBLIC UTILITY COMMISSION OF TEXAS DOCKET NO. 55595

MEMORANDUM OPINION

Relator Michael Peterson has filed a petition for the writs of mandamus, procedendo, and prohibition to compel the Public Utility Commission to assign a neutral hearing officer to review and decide his motion to disqualify the administrative law judge presiding over his case. However, we may issue such writs only against a district judge or county judge sitting in our district or to enforce our jurisdiction, none of which Peterson requests here. See Tex. Gov’t Code § 22.221(b); see also In re Hill, No. 03-14-00798-CV, 2015 WL 134829, at *1 (Tex. App.—Austin Jan. 6, 2015, orig. proceeding) (mem. op.) (dismissing petition for writ of mandamus against state agency and its employees for want of jurisdiction). We dismiss the petition for want of jurisdiction. See Tex. R. App. P. 52.8(a).

__________________________________________ Rosa Lopez Theofanis, Justice Before Chief Justice Byrne, Justices Smith and Theofanis Filed: May 17, 2024

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