HERMAN T CULKAR V DEPT OF CORRECTIONS
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STATE OF MICHIGAN
COURT OF APPEALS
HERMAN T. CULKAR,
UNPUBLISHED
October 31, 1997
Plaintiff-Appellant,
v
No. 191368
Ingham Circuit Court
LC No. 95-081240 AW
DEPARTMENT OF CORRECTIONS,
Defendant-Appellee.
Before: Holbrook, Jr., P.J., and Michael J. Kelly and Gribbs, JJ.
MEMORANDUM.
Plaintiff appeals as of right from the trial court’s dismissal of plaintiff’s petition for a writ of
mandamus. We affirm.
Assuming arguendo that plaintiff had a due process entitlement to a hearing at which to present
evidence in mitigation of the parole violation charges, see Witzke v Withrow, 702 F Supp 1338 (WD
Mich, 1988), the only remedy available to plaintiff for such a due process violation is the grant of a
mitigation hearing, id., 1340, 1354-1355. Plaintiff did not request such relief in his petition for a writ of
mandamus. Instead, plaintiff requested a form of relief to which he is not entitled. Accordingly, because
plaintiff had no clear legal right to the relief requested, the trial court correctly dismissed the mandamus
request. Riley v Parole Bd, 216 Mich App 242, 243; 548 NW2d 686 (1996); Radecki v Director of
Bureau of Worker’s Disability Compensation, 208 Mich App 19, 22; 526 NW2d 611 (1994).
Affirmed.
/s/ Donald E. Holbrook, Jr.
/s/ Michael J. Kelly
/s/ Roman S. Gribbs
-1
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