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State ex rel Mayes v. Sheeran

December 9, 2008

STATE EX REL. CARLOS MAYES, RELATOR,
v.
JUDGE SHEERAN, FRANKLIN COUNTY COURT OF COMMON PLEAS, RESPONDENT.



The opinion of the court was delivered by: Tyack, J.

(REGULAR CALENDAR)

DECISION

IN MANDAMUS ON MOTION TO DISMISS

{¶1} Carlos Mayes filed this action in mandamus, seeking to compel Franklin County Common Pleas Court Judge Patrick Sheeran to rule on a petition Mayes had filed previously.

{¶2} In accord with Loc.R. 12, the case was referred to a magistrate of this court to conduct appropriate proceedings. Counsel for Judge Sheeran filed a motion to dismiss this case. The magistrate issued a magistrate's decision which includes a recommendation that we sustain the motion to dismiss. (Attached as Appendix A.)

{¶3} No party has filed objections to the magistrate's decision. The case is now before the court for review.

{¶4} Carlos Mayes has failed to comply with R.C. 2969.25 which requires that an inmate provide proof of his inability to pay filing fees if he seeks to file a court action without paying the fees. Mayes has failed to pay filing fees and has failed to provide proof of his inability to pay required by R.C. 2969.25.

{¶5} We adopt the findings of fact and conclusions of law contained in the magistrate's decision. We, therefore, dismiss this case.

Case dismissed.

McGRATH, P.J., and SADLER, J., concur.

APPENDIX A

MAGISTRATE'S DECISION

IN MANDAMUS ON RESPONDENT'S MOTION TO DISMISS

{ΒΆ6} In this original action, relator, Carols Mayes, an inmate of the Southern Ohio Correctional Facility ("SOCF") requests a writ of mandamus ordering respondent, the Honorable Patrick E. Sheeran ("Judge Sheeran"), ...


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