Pattie v. Woodward

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[Cite as Pattie v. Woodward, 2010-Ohio-5199.] COURT OF APPEALS ASHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT MICHAEL S. PATTIE Petitioner/Relator JUDGES: Hon. William B. Hoffman, P.J. Hon. Sheila G. Farmer, J. Hon. John W. Wise, J. -vsDEBORAH E. WOODWARD Respondent Case No. 10-COA-017 OPINION CHARACTER OF PROCEEDING: Complaint for Writ of Mandamus JUDGMENT: Dismissed DATE OF JUDGMENT ENTRY: October 20,2010 APPEARANCES: For Petitioner For Respondent MICHAEL S. PATTIE #581356 Richland Correctional Institution 1001 Olivesburg Road Mansfield, OH 44901 ANDREW N. BUSH Assistant Ashland County Prosecutor 307 Orange Street Ashland, OH 44805 Ashland County, Case No. 10-COA-017 2 Farmer, J. {¶1} Petitioner, Michael S. Pattie, has filed a Petition for Writ of Mandamus requesting Respondent be ordered to grant Petitioner jail time credit for the time Petitioner spent at the Crossroads Center for Change. Respondent has filed a motion to dismiss pursuant to Civ.R. 12(B)(6) based upon Petitioner s failure to bring this cause of action in the name of the State of Ohio. {¶2} R.C. 2731.04 provides, Application for the writ of mandamus must be by petition, in the name of the state on the relation of the person applying, and verified by affidavit. Failure to comply with these requirements is grounds for dismissal. Thorne v. State, 8th Dist., 2004-Ohio-6288; Maloney v. Court of Common Pleas of Allen County (1962), 173 Ohio St. 226, 181 N.E.2d 270. Relator herein has not properly captioned his complaint nor has he verified it by affidavit. Blankenship v. Blackwell, 103 Ohio St.3d 567, 2004-Ohio-5596, 817 N.E.2d 382; Perotti v. Mahoning County Clerk, 7th Dist. No. 05-MA-202, 2006-Ohio-673. See also, Selway v. Court of Common Pleas Stark County, 2007 WL 2482621, *1 (Ohio App. 5 Dist.). For these reasons, we grant Respondent s motion to dismiss. Even had we considered the merits of the Petition, a writ would not issue. {¶3} To be entitled to the issuance of a writ of mandamus, the Relator must demonstrate: (1) a clear legal right to the relief prayed for; (2) a clear legal duty on the respondent's part to perform the act; and, (3) that there exists no plain and adequate remedy in the ordinary course of law. State ex rel. Master v. Cleveland (1996), 75 Ohio St.3d 23, 26-27, 661 N.E.2d 180; State ex rel. Harris v. Rhodes (1978), 5 Ohio St.2d 41, Ashland County, Case No. 10-COA-017 3 324 N.E.2d 641, citing State ex rel. National City Bank v. Bd. of Education (1977) 520 Ohio St.2d 81, 369 N.E.2d 1200. {¶4} Petitioner s sole allegation is he is entitled to jail time credit for the time he spent at the Crossroads Center for Change. The Supreme Court has held, [A defendant has] an adequate remedy at law by appeal to raise any error by the trial court in calculating his jail-time credit. State ex rel. Brown v. Summit Cty. Court of Common Pleas, 99 Ohio St.3d 409, 2003-Ohio-4126, 792 N.E.2d 1123, ¶ 4. State ex rel. Rudolph v. Horton, 119 Ohio St.3d 350, 351, 894 N.E.2d 49, 50 (Ohio,2008). {¶5} Because Petitioner has or had an adequate remedy at law by way of direct appeal, the writ would not issue. {¶6} MOTION TO DISMISS GRANTED. {¶7} COMPLAINT DISMISSED. Ashland County, Case No. 10-COA-017 {¶8} COSTS TO PETITIONER. {¶9} 4 IT IS SO ORDERED. By Farmer, J. Hoffman, P. J. and Wise, J. concur. _s/ Sheila G. Farmer_________________ _s/ William B. Hoffman________________ _s/ John W. Wise____________________ JUDGES SGF/as Ashland County, Case No. 10-COA-017 5 IN THE COURT OF APPEALS FOR ASHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT MICHAEL S. PATTIE Petitioner/Relator -vsDEBORAH E. WOODWARD Respondent : : : : : : : : : JUDGMENT ENTRY Case No. 10-COA-017 For the reasons stated in our accompanying Memorandum-Opinion, the Petition for Writ of Mandamus is denied. Costs to Petitioner. _s/ Sheila G. Farmer_________________ _s/ William B. Hoffman________________ _s/ John W. Wise____________________ JUDGES

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