Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed
December 12, 2013.
In The
Fourteenth Court of Appeals
NO. 14-13-01051-CV
IN RE EDWARD R. NEWSOME, Relator
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.
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