Beverly v. Clancy
Docket: 110554
Court: Ohio Court of Appeals; September 3, 2021; Ohio; State Appellate Court
Original Court Document: View Document
William Cread Beverly filed a complaint for a writ of mandamus against Judge Maureen Clancy and Magistrate Gina Lunsford, which was dismissed by the Court of Appeals of Ohio. The dismissal was based on several grounds: 1. **Procedural Defects**: The complaint was improperly captioned. According to R.C. 2731.04, a mandamus complaint must be brought in the name of the state on relation of the applying person. Additionally, Beverly did not comply with Civ.R. 10(A), which requires the addresses of all parties to be included. 2. **Failure to State a Claim**: Beverly did not demonstrate a clear legal right to the relief sought, nor did he establish that Judge Clancy and Magistrate Lunsford had a clear legal duty to perform the requested actions. The court noted that mandamus cannot be used to control judicial discretion or replace an appeal process. 3. **No Adequate Remedy**: Beverly failed to show that there was no plain and adequate remedy in the ordinary course of law. The court granted the respondents' motion to dismiss under Civ. R. 12(B)(6), concluding that Beverly's complaint did not meet the necessary legal standards for relief. Costs were awarded to Beverly. The judgment and date of entry were directed to be served to all parties as required by Civ.R. 58(B).