State Ex Rel. May v. Lake Cty. Prosecutor, 2006-L-251 (6-8-2007)

PER CURIAM OPINION

{¶ 1} This action in mandamus is presently before this court for consideration of the motion to dismiss of respondent, Lake County Prosecutor Charles Coulson. As the primary basis for his motion, respondent submits that the petition of relator, James May, fails to state a viable claim for a writ because his own allegations establish that he has not taken the necessary steps to qualify for the requested relief. For the reasons which follow, we conclude that the motion to dismiss is well taken.

{¶ 2} Relator is presently incarcerated at the Lake Erie Correctional Institution,…