State Ex Rel. Nesbitt v. Adult Parole Auth., 07-Ca-88 (1-17-2008)

OPINION

{¶ 1} Relator has filed a complaint requesting this Court issue a writ of mandamus compelling the Adult Parole Authority to grant credit to Relator for "productive participation in institutional programs pursuant to O.R.C. Section 2967.193." Respondent has filed a Motion for Judgment on the Pleadings suggesting it is not the proper party in this case.

{¶ 2} To be entitled to the issuance of a writ of mandamus, relator must demonstrate: (1) a clear legal right to the relief prayed for; (2) a clear legal duty on the respondent's part to perform the act; and, (3) that there exists no plain…