Benton v. Walker

Summary

The Ninth District Court of Appeals of Ohio dismissed Willie Benton's original action seeking a writ of mandamus against Akron Municipal Court Judge Nicole Walker. The court held that the petition failed to comply with Ohio Revised Code section 2731.04 because it was neither verified by affidavit nor supported by a notarized affidavit. Costs were taxed to Benton.

Holdings

1. R.C. 2731.04 requires an application for a writ of mandamus to be verified by affidavit.
2. A mandamus petition that is not verified by affidavit is subject to dismissal.

Questions Presented

1. Whether an original mandamus petition that is not verified by affidavit satisfies the filing requirements of R.C. 2731.04.
2. Whether the noncompliant mandamus petition should be dismissed.

Disposition

dismissed