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Banks v. Rocco

Citation: 2013 Ohio 4048Docket: 100076

Court: Ohio Court of Appeals; September 16, 2013; Ohio; State Appellate Court

Original Court Document: View Document

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Juan Banks filed a mandamus action against Cuyahoga County Clerk of Courts Andrea Rocco, seeking access to various records related to his criminal conviction. The court dismissed the writ because Banks failed to meet the statutory prerequisite outlined in R.C. 149.43(B)(8), which requires permission from the sentencing judge for incarcerated individuals to access such records to support a justiciable claim. Additionally, Banks did not comply with procedural requirements for filing a mandamus petition, including the proper caption format and the necessity of an affidavit detailing prior civil actions per R.C. 2969.25(A). The court emphasized that his petition lacked compliance with multiple legal standards, leading to its dismissal. The court directed Banks to pay costs and ordered the clerk to notify all parties of the judgment.