Opinion
No. 10-12-00290-CV
08-23-2012
IN RE CHARLOTTE COSTLEY
Original Proceeding
MEMORANDUM OPINION
In this original proceeding, Relator seeks mandamus relief relating to an administrative law judge's apparently adverse decision on her claim for Social Security disability benefits. A state court of appeals has no jurisdiction to issue a writ of mandamus against a federal administrative law judge. See TEX. GOV'T CODE ANN. § 22.221 (West 2004). We lack jurisdiction over this original proceeding and dismiss it.
Relator's petition for writ of mandamus has several procedural deficiencies. It does not include the certification required by Rule of Appellate Procedure 52.3(j). See TEX. R. APP. P. 52.3(j). It lacks an appendix and a certified or sworn record, as required by Rules 52.3(k) and 52.7(a)(1). See id. 52.3(k), 52.7(a)(1). And, it lacks proof of service. A copy of all documents presented to the Court must be served on all parties to the proceeding and must contain proof of service. Id. 9.5; 52.2. Because of our disposition and to expedite it, we will implement Rule 2 and suspend these rules in this proceeding. Id. 2.
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Petition dismissed
Opinion delivered and filed August 23, 2012
[OT06]