JEFFERSON CITY, Mo. (AP) — A Missouri appeals panel has dismissed a man’s case arguing that a lower court wrongly threw out his affidavit claiming Ferguson officer Darren Wilson assaulted Michael Brown before fatally shooting him.

The Missouri Court of Appeals’ Eastern District dismissed Cleve Molette’s case Tuesday.

Online court records list Forest Park, Georgia, as Molette’s home but don’t list an attorney.

Molette claimed Wilson grabbed Brown’s shirt and hit Brown’s friend with his vehicle door before fatally shooting Brown in August 2014. A grand jury declined to indict Wilson.

Molette argued the St. Louis Circuit Court violated his rights by dismissing his affidavit without giving him a hearing.

But the appeals court panel says it’s up to prosecutors and grand juries, not individual citizens such as Molette, to determine whether to prosecute.