State Ex Rel. Miles v. Timmerman-Cooper, 91396 (7-30-2008)
State Ex Rel. Miles v. Timmerman-Cooper, 91396 (7-30-2008)
Opinion of the Court
{¶ 2} Sua sponte, we find that a review of Miles' complaint for a writ of mandamus demonstrates improper venue. Miles specifically seeks a writ of mandamus against the Warden of the London Correctional Institution, which is located in London, Ohio, Madison County. Miles' cause of action arose where Warden Deb Timmerman-Cooper conducts business and the alleged wrong occurred.1
{¶ 3} Improper venue, however, does not mandate dismissal of the complaint for a writ of mandamus. Civ. R. 3(C)(1) warrants transfer of the complaint to the proper forum.2
{¶ 4} Accordingly, this action is transferred to the Twelfth Appellate District for Madison County, where venue is proper. Costs waived.
Complaint transferred.
KENNETH A. ROCCO, P.J., and CHRISTINE T. MCMONAGLE, J., CONCUR
Reference
- Full Case Name
- State of Ohio, Ex Rel., Hassan K. Miles, Sr., Relator v. Warden Deb. Timmerman-Cooper
- Cited By
- 1 case
- Status
- Unpublished