State Ex Rel. Miles v. Timmerman-Cooper, 91396 (7-30-2008)

2008 Ohio 3811

• Court: Ohio Court of Appeals
• Decided: July 30, 2008
• Docket: No. 91396.
• Status: Unpublished

Opinion

JOURNAL ENTRY AND OPINION {¶ 1} Hassan K. Miles, Sr., the relator, has filed a complaint for a writ of mandamus. Miles seeks an order form this court, which requires Deb Timmerman-Cooper, Warden of the London Correctional Institution, to replace funds which were improperly removed from his inmate account.

{¶ 2} Sua sponte, we find that a review of Miles' complaint for a writ of mandamus demonstrates improper venue. Miles specifically seeks a writ of mandamus against the Warden of the London Correctional Institution, which is located in London, Ohio, Madison County. Miles' cause of action arose where Warden Deb Timmerman-Cooper conducts business and the alleged wrong occurred.¹

{¶ 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.²

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

Complaint transferred.

KENNETH A. ROCCO, P.J., and CHRISTINE T. MCMONAGLE, J., CONCUR

¹ 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 ParoleAuth., (Sept. 11, 1987), Scioto App. No. 1667.

² Singleton v. Denny's Inc. (1987), 36 Ohio App.3d 225,522 N.E.2d 1097.