Summary
The Ohio Tenth District Court of Appeals denied Anthony Walker’s petition for a writ of mandamus seeking correction of his jail-time credit and first Ohio Parole Board hearing date. The court adopted the magistrate’s decision, which concluded that the evidence showed Walker’s 2,053 days of credit had been applied and that he failed to establish a clear legal duty requiring further correction. Walker did not file objections to the magistrate’s decision.
Holdings
- Because Walker filed no timely objections, the court could adopt the magistrate's decision unless it found an error of law or another defect evident on the face of the decision; the court found none.
- Walker was not entitled to mandamus because he failed to establish that Bolin had a clear legal duty to alter the calculation of his prison term or the date of his first parole-board hearing.
Questions Presented
- Whether Walker established a clear legal right and Bolin had a clear legal duty to recalculate his prison term by applying 2,053 days of jail-time credit.
- Whether Walker established a clear legal right and Bolin had a clear legal duty to alter the date of his first parole-board hearing.
- Whether the magistrate's decision contained an error of law or facial defect preventing adoption when Walker filed no objections.
Disposition
writ_denied
Cases Cited (7)
- State ex rel. Wyse v. Ohio Pub. Emp. Retirement Sys., 2024-Ohio-314, ¶ 2 (10th Dist.)(followed)
- State ex rel. Alleyne v. Indus. Comm., 2004-Ohio-4223 (10th Dist.)(followed)
- State ex rel. Russell v. Klatt, 2020-Ohio-875, ¶ 7(followed)
- State ex rel. Blachere v. Tyack, 2023-Ohio-781, ¶ 13 (10th Dist.)(followed)
- State ex rel. Gil-Llamas v. Hardin, 2021-Ohio-1508, ¶ 19(followed)
- State ex rel. Ware v. Crawford, 2022-Ohio-295, ¶ 14(followed)
- State ex rel. Miller v. Ohio State Hwy. Patrol, 2013-Ohio-3720, ¶ 14(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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