State v. Jenkins, Unpublished Decision (9-10-2002)
State v. Jenkins, Unpublished Decision (9-10-2002)
Opinion of the Court
{¶ 2} Initially, we find that Jenkins' petition for a writ of mandamus is defective since it is improperly captioned. The petition for a writ of mandamus must be brought in the name of the state on relation of the person applying. The failure of Jenkins to properly caption his petition for a writ of mandamus constitutes sufficient reason for dismissal. Allen v. Court of Common Pleas of Allen Cty. (1962),
{¶ 3} Jenkins has also failed to comply with the mandatory requirements of R.C.
{¶ 4} Finally, we find that Jenkins' request for a writ of mandamus is moot. Attached to the motion for summary judgment is a copy of a judgment entry, as journalized on August 1, 2002, which clearly demonstrates that the trial court has issued rulings with regard to Jenkins' motions for records without cost. Thus, Jenkins' request for a writ of mandamus is moot. State ex rel. Snider v. Stapelton (1992),
{¶ 5} Accordingly, we grant the State of Ohio's motion for summary judgment. Costs to Jenkins. It is further ordered that the Clerk of the Eighth District Court of Appeals, pursuant to Civ.R. 58(B), shall serve upon all parties notice of this judgment and date of entry.
Writ denied.
TERRENCE O'DONNELL, J., and DIANE KARPINSKI, J., CONCUR.
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