State ex rel. Preston v. Hoying

Summary

The Tenth District Court of Appeals of Ohio dismissed Atravion Preston’s mandamus action seeking public records from the Ohio Parole Board. The court adopted the magistrate’s decision, concluding that Preston failed to file the written affirmation required by Ohio Revised Code 149.43(C)(2) for a public-records mandamus action.

Holdings

1. A person filing a public-records mandamus action must submit with the petition a written affirmation satisfying R.C. 149.43(C)(2), and failure to file that affirmation requires dismissal of the action.
2. The appellate court may adopt the magistrate's decision when no timely objections are filed unless it identifies an error of law or another defect evident on the face of the decision; the court found no such error or defect here.
3. Preston was not entitled to a writ of mandamus because his failure to satisfy the statutory filing prerequisite required dismissal of his petition.

Questions Presented

1. Whether Preston's public-records mandamus action was subject to dismissal because he failed to file the written affirmation required by R.C. 149.43(C)(2).
2. Whether the magistrate's decision recommending dismissal should be adopted when no timely objections were filed.

Disposition

dismissed