State ex rel. Alford v. Adult Parole Auth. (Slip Opinion)
State ex rel. Alford v. Adult Parole Auth. (Slip Opinion)
Opinion
*35 {¶ 1} We affirm the judgment of the Twelfth District Court of Appeals dismissing the petition of appellant, Brian K. Alford, for a writ of mandamus.
{¶ 2} On November 17, 2015, Alford filed a petition for a writ of mandamus arguing that he is entitled to be released "from custody under the same terms and agreement as his original parole" because appellee, Ohio Adult Parole Authority ("APA"), failed to hold a hearing to determine whether he had violated the terms of his release within a reasonable time. He also argued that by denying him counsel for his release-violation hearing, the APA impaired his ability to defend against the charges at his hearing.
{¶ 3} On August 16, 2016, the court of appeals granted the APA's motion for summary judgment, finding that "the delay from the time that [Alford] violated his parole until he was declared to be a parole violator was not unreasonable." The court further noted that Alford had raised the same arguments in a state habeas corpus action in the Warren County Court of Common Pleas and that his "claims in this action are barred by res judicata and/or collateral estoppel." We affirm.
{¶ 4} The court of appeals correctly held that Alford's mandamus claim is barred by res judicata. "A valid, final judgment rendered upon the merits bars
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all subsequent actions based upon any claim arising out of the transaction or occurrence that was the subject matter of the previous action."
Grava v. Parkman Twp.
,
{¶ 5} The mandamus petition that is the subject of this appeal is but the most recent action Alford has filed alleging that the APA denied him a release-violation hearing within a reasonable time and claiming that he is entitled to release under
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the same terms and agreement as his original parole. In December 2011, Alford sought a writ of habeas corpus in federal court and raised the same claims.
Alford v. Warden, Lebanon Corr. Inst.
, S.D.Ohio No. 1:11-cv-862,
{¶ 6} And in July 2015, Alford filed a petition for a writ of habeas corpus against the warden of Warren Correctional Institution in the Warren County Court of Common Pleas. His claim for relief was the same: "[APA]'s failure to hold a parole revocation hearing during this time created an unreasonable delay that violated his due process rights and required his immediate release * * *."
Alford v. Crutchfield
, 12th Dist. Warren No. CA2016-03-021,
{¶ 7} Alford's mandamus claim arises "from a nucleus of facts that was the subject matter" of previous legal actions.
Grava
,
{¶ 8} Further, we deny the motion for declaratory judgment that Alford filed in this appeal. A declaratory-judgment action is a "distinct proceeding generally initiated by the filing of a complaint," and a " 'motion' for a declaratory judgment is procedurally incorrect and inadequate to invoke the jurisdiction of the court pursuant to R.C. Chapter 2721."
Fuller v. German Motor Sales, Inc.
,
Judgment affirmed.
O'Connor, C.J., and O'Donnell, Kennedy, French, O'Neill, Fischer, and DeWine, JJ., concur.
Reference
- Full Case Name
- The STATE EX REL. ALFORD, Appellant, v. ADULT PAROLE AUTHORITY, Appellee.
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Mandamus-Writ of mandamus sought to compel release on ground that a hearing on the violation of his parole was not timely held-Claim barred by res judicata because it had been raised in a prior habeas corpus action-Dismissal of petition for writ affirmed.