Opinion
Case No. 13 CAD 10 0075
01-21-2014
CHAD WARLIN Relator v. FOOD SERVICE MANAGER SERANNO, ET AL Respondents
APPEARANCES: For Relator Chad Warlin #07880-040 For Respondents JOHN J. STARK Assistant United States Attorney
JUDGES:
Hon. W. Scott Gwin, P.J.
Hon. Sheila G. Farmer, J.
Hon. Patricia A. Delaney, J.
OPINION
CHARACTER OF PROCEEDING: Writ of Mandamus JUDGMENT: DISMISSED APPEARANCES: For Relator Chad Warlin #07880-040 For Respondents JOHN J. STARK
Assistant United States Attorney
Farmer, J.
{¶1} Relator, Chad Warlin, has filed a Petition for Writ of Mandamus against certain federal prison employees. Warlin seeks to have this Court order Respondents to correct alleged food service violations. Respondents have filed a motion to dismiss.
{¶2} 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, 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.
{¶3} A prerequisite to issuing a writ of mandamus is for this Court to have jurisdiction over the named respondents. All respondents are located in the state of Indiana. All respondents are employees of the federal prison system. This Court lacks jurisdiction to order the named respondents to perform any acts.
{¶4} For these reasons, the Motion to Dismiss is granted. The Petition for Writ of Mandamus is dismissed. By Farmer, J. Gwin, P.J. and Delaney, J. concur. SGF/as 106