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STATE EX REL. SHARPLESS v. GIERKE

No. 2000-P-0002.

137 Ohio App.3d 821 (2000)

The STATE ex rel. SHARPLESS v. GIERKE.

Court of Appeals of Ohio, Eleventh District, Portage Counties.

Decided May 30, 2000.

Attorney(s) appearing for the Case

Michael S. Sharpless, pro se.

Victor V. Vigluicci, Portage County Prosecuting Attorney, and Kelli K. Norman, Assistant Prosecuting Attorney, for respondent.

Per Curiam.

The instant action in mandamus is presently before this court for consideration of respondent's motion to dismiss, filed on January 21, 2000. As the primary basis for her motion, respondent, Kathy Gierke of the Portage County Adult Probation Department, submits that the petition of relator, Michael S. Sharpless, does not state a viable claim in mandamus because she has no legal duty to perform the specific act which he is trying to compel. For the...

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