State Ex Rel. Davis v. Fuerst, 90553 (2-8-2008)

JOURNAL ENTRY AND OPINION

{¶ 1} Jeffrey Davis, the relator, has filed a complaint for a writ of mandamus. Davis seeks an order from this court, which requires Gerald E. Fuerst, Clerk of the Cuyahoga County Court of Common Pleas, the respondent, to accept for filing a "motion for the return of property." Fuerst has filed a motion to dismiss, which we grant for the following reasons.

{¶ 2} Davis, through his complaint, alleges that he was arrested by the Cleveland Police Dept. on April 26, 2006, and that the amount of $202,433 was confiscated from his residence. Davis further alleges that the…