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State ex Rel. Bobbitt v. Ohio Adult Parole Auth.

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Jun 18, 2008
2008 Ohio 3046 (Ohio Ct. App. 2008)

Opinion

No. 91341.

RELEASE DATE: June 18, 2008.

WRIT OF MANDAMUS ORDER NO. 410115.

COMPLAINT TRANSFERRED.

Curtis Bobbitt, pro se, Inmate No. 533-035, For Relator.

William D. Mason, Cuyahoga County Prosecutor, By: Dierdra M. Howard, Assistant County Prosecutor, Attorneys for Respondent.


JOURNAL ENTRY AND OPINION


{¶ 1} Curtis Bobbitt, the relator, has filed a complaint for a writ of mandamus. Bobbitt seeks an order from this court, which requires the Ohio Adult Parole Authority, the respondent, to recognize and implement the order of the Cuyahoga County Court of Common Pleas, as rendered in State v. Bobbitt, Cuyahoga County Court of Common Pleas Case No. CR-07-492588-C, which granted pre-conviction jail time credit in the amount of eighty-nine days.

{¶ 2} Sua sponte, we find that a review of Bobbitt's complaint for a writ of mandamus demonstrates improper venue. Bobbitt specifically seeks mandamus against the Ohio Adult Parole Authority, which is located in Columbus, Ohio. Bobbitt's cause of action arose where the Ohio Adult Parole Authority conducts its business and where the alleged wrong occurred. State ex rel. Davis v. Ghee (1998), 126 Ohio App.3d 569, 710 N.E.2d 1178. See, also, State ex rel. Bickerstaff v. Ohio Adult Parole Auth., (Sept. 11, 1987), Scioto App. No. 1667.

{¶ 3} Improper venue, however, does not mandate dismissal of the complaint for a writ of mandamus. Civ. R. 3(C)(1) warrants transfer of the complaint to the proper forum. Singleton v. Dennys Inc. (1987), 36 Ohio App.3d 225, 522 N.E.2d 1097.

{¶ 4} Accordingly, this action is transferred to the Tenth Appellate District for Franklin County, where venue is proper. Costs waived.

Complaint transferred.

COLLEEN CONWAY COONEY, P.J., and SEAN C. GALLAGHER, J., CONCUR


Summaries of

State ex Rel. Bobbitt v. Ohio Adult Parole Auth.

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Jun 18, 2008
2008 Ohio 3046 (Ohio Ct. App. 2008)
Case details for

State ex Rel. Bobbitt v. Ohio Adult Parole Auth.

Case Details

Full title:State of Ohio, Ex Rel., Curtis Bobbitt, Relator, v. Ohio Adult Parole…

Court:Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: Jun 18, 2008

Citations

2008 Ohio 3046 (Ohio Ct. App. 2008)