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State ex rel. Crowley v. Ohio Department of Rehabilitation And Correction

Court of Appeals of Ohio, Tenth District

June 28, 2018

The State ex rel. Bryant Crowley, Relator,
v.
Ohio Department of Rehabilitation and Correction, Respondent.

          IN MANDAMUS ON OBJECTIONS TO THE MAGISTRATE'S DECISION

          Bryant Crowley, pro se.

          Michael DeWine, Attorney General, and Andrea K. Boyd, for respondent.

          Matthew J. Barbato, for relator.

          DECISION

          TYACK, J.

         {¶ 1} Bryant Crowley, an inmate at Ross Correctional Institution ("RCI") filed this action in mandamus, seeking a writ to compel the Ohio Department of Rehabilitation and Correction ("ODRC") to amend his maximum expiration date.

         {¶ 2} In accord with Loc.R. 13(M) of the Tenth District Court of Appeals, the case was referred to a magistrate to conduct appropriate proceedings. The parties stipulated the pertinent evidence and filed briefs. The magistrate then issued a magistrate's decision, appended hereto, which contains detailed findings of fact and conclusions of law. The magistrate's decision includes a recommendation that we deny the requested writ.

         {¶ 3} Counsel for Crowley, before attempting to withdraw as counsel, filed objections on his behalf.

         {¶ 4} Based on our independent review of the evidence in the record, we overrule relator's objections and we adopt the findings of fact and conclusions of law contained in the magistrate's decision. As a result, we deny the request for a writ of mandamus.

         {¶ 5} We also permit counsel for Crowley to withdraw as counsel.

         Motion to withdraw as counsel granted; Objections overruled; writ denied.

          BROWN, P.J., and LUPER SCHUSTER, J., concur.

         APPENDIX

         Rendered on March 5, 2018

         IN MANDAMUS

         MAGISTRATE'S DECISION

          KENNETH W. MACKE MAGISTRATE

         {¶ 6} In this original action, relator, Bryant Crowley, an inmate of the Ross Correctional Institution ("RCI"), requests a writ of mandamus ordering respondent, Ohio Department of Rehabilitation and Correction ("ODRC" or "respondent"), to amend its calculation of the sentence maximum expiration date such that the date is listed on its records as October 16, 2017 rather than April 12, 2022.

         Findings of Fact:

         {¶ 7} 1. On September 25, 2017, pursuant to an order of the magistrate, relator and respondent jointly filed the stipulation of evidence.

         {¶ 8} 2. Among the stipulated documents is the affidavit of Janet Couts executed September 7, 2017. The Couts affidavit avers:

[Two] I am currently employed by the Ohio Department of Rehabilitation and Correction (ODRC) as a Correction Records Sentence Computation Auditor with the Bureau of Sentence Computation (BOSC). My duties include interpreting official court documents and other related papers in the possession of ...

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