State Ex Rel. Jefferson v. McMonagle, Unpublished Decision (3-18-1999)
State Ex Rel. Jefferson v. McMonagle, Unpublished Decision (3-18-1999)
Opinion of the Court
OPINION
Relator, Sell Jefferson, has filed a complaint for a writ of mandamus that requires the respondent, Judge Timothy E. McMonagle, to "hold a hearing to determine what relator's parole eligibility would be." The respondent has filed a motion to dismiss.In order for this court to issue a writ of mandamus, the relator must establish that: 1) the relator possesses a clear legal right to the relief requested; 2) the respondent possesses a clear legal duty to perform the requested act; and 3) the relator possesses no plain and adequate remedy at law. State exrel. Carter v. Wilkinson (1994),
Accordingly, we grant the respondent's motion to dismiss. Costs to relator.
Writ dismissed.
ANN DYKE, J. CONCURS.
JAMES M. PORTER, ADMINISTRATIVE JUDGE
Case-law data current through December 31, 2025. Source: CourtListener bulk data.