MYLES v. WYATT

No. 91-728.

62 Ohio St.3d 191 (1991)

MYLES, APPELLANT, v. WYATT, CHIEF OF POLICE, APPELLEE.

Supreme Court of Ohio.

Decided December 11, 1991.


Attorney(s) appearing for the Case

James Myles, Jr., pro se.

Thomas M. Bernabei, Law Director, and Mariella Mestel, for appellee.


Per Curiam.

Relator-appellant, James Myles, Jr., filed a "Motion for a Writ of Mandamus" in the Court of Appeals for Stark County on March 4, 1991. The court of appeals overruled the motion pursuant to Civ.R. 12(B)(6) (failure to state a claim upon which relief can be granted) for lack of a proper complaint. We agree. R.C. 2731.04 states that "[a]pplication for the writ of mandamus must be by petition * * *." Accordingly, the judgment of the court of appeals...

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