Warlin v. Seranno

2014 Ohio 187

Opinion

COURT OF APPEALS

DELAWARE COUNTY, OHIO

FIFTH APPELLATE DISTRICT

CHAD WARLIN : JUDGES:

: Hon. W. Scott Gwin, P.J.

Relator : Hon. Sheila G. Farmer, J.

: Hon. Patricia A. Delaney, J.

-vs- :

: Case No. 13 CAD 10 0075 :

FOOD SERVICE MANAGER : OPINION SERANNO, ET AL :

:

Respondents :

CHARACTER OF PROCEEDING: Writ of Mandamus

JUDGMENT: DISMISSED

DATE OF JUDGMENT: January 21, 2014

APPEARANCES: For Relator For Respondents

Chad Warlin #07880-040 JOHN J. STARK P.O. Box 33 Assistant United States Attorney Terre Haute, Indiana 47808 303 Marconi Blvd., Suite 200 Columbus, OH 43215

Delaware County, Case No. 13 CAD 10 0075 2 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.

Delaware County, Case No. 13 CAD 10 0075 3

{¶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