Opinion
No. 91-728
Submitted September 17, 1991 —
Decided December 11, 1991.
APPEAL from the Court of Appeals for Stark County, No. CA-8508.
James Myles, Jr., pro se. Thomas M. Bernabei, Law Director, and Mariella Mestel, for appellee.
Relator-appellant, James Myles, Jr., filed a "Motion for a Writ of Mandamus" in the Court of Appeals for Stark County on March 4, 1991. The court of appeals overruled the motion pursuant to Civ.R. 12(B)(6) (failure to state a claim upon which relief can be granted) for lack of a proper complaint. We agree. R.C. 2731.04 states that "[a]pplication for the writ of mandamus must be by petition * * *." Accordingly, the judgment of the court of appeals is affirmed.
Judgment affirmed.
MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.