In Re Michael Peterson v. the State of Texas

CourtCourt of Appeals of Texas
DecidedMay 17, 2024
Docket03-24-00306-CV
StatusPublished

This text of In Re Michael Peterson v. the State of Texas (In Re Michael Peterson v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Michael Peterson v. the State of Texas, (Tex. Ct. App. 2024).

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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