State ex rel. Graves v. Ney

Full title: The State ex rel. Graves, Appellant, v. Ney, Judge, Appellee

Court: Supreme Court of Ohio

Date published: Nov 24, 1999

718 N.E.2d 1289 (Ohio 1999)

718 N.E.2d 1289

Opinion

No. 99-1214.

Submitted October 12, 1999.

Decided November 24, 1999.

Appeal from the Court of Appeals for Hamilton County, No. C-990274.

Gary Graves, pro se.

In April 1999, appellant, Gary Graves, filed a motion in the Court of Appeals for Hamilton County for a writ of mandamus to compel appellee, Hamilton County Common Pleas Court Judge Arthur M. Ney, Jr., to "answer the Defendant's motion filed in opposition to the State's motion to dismiss" Graves's postconviction-relief petition. Judge Ney filed a motion to dismiss Graves's action. The court of appeals granted Judge Ney's motion and dismissed the action.

This cause is now before the court upon an appeal as of right.

Per Curiam.

We affirm the judgment of the court of appeals. Original actions for extraordinary relief like a writ of mandamus must be commenced by filing a complaint or petition rather than a motion. See State ex rel. Brantley v. Ghee (1998), 83 Ohio St.3d 521, 522, 700 N.E.2d 1258, 1259.

Judgment affirmed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.