Dupree v. Patchett

On February 15, 2005, plaintiff, Cedric Dupree, filed a pro se petition for mandamus against defendant, Court of Claims Judge Randy Patchett, asserting he was denied his right to due process because Judge Patchett had failed to rule on his petition and motions in case No. 93 — CC—0339. On February 16, 2005, the trial court dismissed sua sponte defendant’s petition, finding it lacked jurisdiction over the matter.

Plaintiff appeals pro se, contending the trial court erred in dismissing his mandamus petition. This court reviews de novo a trial court’s sua sponte dismissal of a mandamus petition.…