State v. City of Cleveland, Unpublished Decision (11-18-1999)

Ohio Court of Appeals

State v. City of Cleveland, Unpublished Decision (11-18-1999)

DecidedNovember 18, 1999

DocketNo. 77224.

StatusUnpublished

This text of State v. City of Cleveland, Unpublished Decision (11-18-1999) (State v. City of Cleveland, Unpublished Decision (11-18-1999)) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. City of Cleveland, Unpublished Decision (11-18-1999), (Ohio Ct. App. 1999).

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JOURNAL ENTRY AND OPINION Reginald D. Sevayega, relator, is seeking a writ of mandamus to compel the custodian of records of the Cleveland Police Department to send him copies of "incident reports, handwritten notes, supplementary reports, witness statements, and police department reports related to Cleveland Police Department Offense/Incident Report #s 92081310-00 and 92081310-01." Relator, who is incarcerated, claims that respondent has failed to produce the requested documents. For the following reasons we sua sponte dismiss relator's complaint for failure to state a claim.

The Supreme Court of Ohio has held that a custodian of public records has no duty to provide copies of public records by mail.State ex rel. Fenley V. Ohio Historical Society (1992), 64 Ohio St.3d 509,597 N.E.2d 120. Assuming the records requested are indeed public records pursuant to R.C. 149.43, relator, who is clearly unable to appear in person and is requesting the documents via mail, has failed to set forth a claim for which relief in mandamus is warranted. State ex rel. Porter v.Cleveland Department of Public Safety (Apr. 23, 1998), Cuyahoga App. No. 74269, unreported. Case dismissed. Costs to relator.

LEO M. SPELLACY, J. and PATRICIA A. BLACKMON, J. CONCUR.

___________________________________ TERRENCE O'DONNELL PRESIDING JUDGE

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JOURNAL ENTRY AND OPINION Reginald D. Sevayega, relator, is seeking a writ of mandamus to compel the custodian of records of the Cleveland Police Department to send him copies of "incident reports, handwritten notes, supplementary reports, witness statements, and police department reports related to Cleveland Police Department Offense/Incident Report #s 92081310-00 and 92081310-01." Relator, who is incarcerated, claims that respondent has failed to produce the requested documents. For the following reasons we sua sponte dismiss relator's complaint for failure to state a claim.

The Supreme Court of Ohio has held that a custodian of public records has no duty to provide copies of public records by mail.State ex rel. Fenley V. Ohio Historical Society (1992), 64 Ohio St.3d 509,597 N.E.2d 120. Assuming the records requested are indeed public records pursuant to R.C. 149.43, relator, who is clearly unable to appear in person and is requesting the documents via mail, has failed to set forth a claim for which relief in mandamus is warranted. State ex rel. Porter v.Cleveland Department of Public Safety (Apr. 23, 1998), Cuyahoga App. No. 74269, unreported. Case dismissed. Costs to relator.

LEO M. SPELLACY, J. and PATRICIA A. BLACKMON, J. CONCUR.

___________________________________ TERRENCE O'DONNELL PRESIDING JUDGE

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State v. City of Cleveland, Unpublished Decision (11-18-1999), Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-city-of-cleveland-unpublished-decision-11-18-1999-ohioctapp-1999.

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