Opinion
NO. 14-13-01051-CV
12-12-2013
IN RE EDWARD R. NEWSOME, Relator
Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed December 12, 2013.
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
179th District Court
Harris County, Texas
Trial Court Cause No. 441673
MEMORANDUM OPINION
On November 22, 2013, relator Edward R. Newsome filed a petition for writ of mandamus in this Court. See Tex. Gov't Code Ann. §22.221; see also Tex. R. App. P. 52. In the petition, relator complains of the denial of compensation by Susan Combs, Texas Comptroller of Public Accounts, for his purported wrongful imprisonment.
The Comptroller's denial of a claim for compensation is not reviewable by appeal, but a claimant may seek review through a mandamus proceeding. In re Allen, 366 S.W.3d 696, 701 (Tex. 2012) (orig. proceeding) (citing Tex. Civ. Prac. & Rem. Code Ann. § 103.051(e)). However, the original proceeding must be filed in the Texas Supreme Court because only that court may issue a writ of mandamus against an officer of the executive department of this state, such as the Comptroller. Id.; In re Smith, 333 S.W.3d 582, 585 (Tex. 2011) (orig. proceeding). Therefore, we do not have jurisdiction over the Comptroller. See Tex. Gov't Code Ann. § 22.221.
Accordingly, we dismiss relator's petition for lack of jurisdiction.
PER CURIAM Panel Consists of Justices McCally, Busby, and Wise.