Bates v. Ohio Dept. of Rehab. & Corr.

[Cite as Bates v. Ohio Dept. of Rehab. & Corr., 2026-Ohio-4354.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY Robert Bates Court of Appeals No. L-26-00268 Relator v. Ohio Department of Rehabilitation, et al. DECISION AND JUDGMENT Respondents Decided: November 3, 2026 ***** Robert Bates, pro se. * * * ** DUHART, J. {¶ 1} This matter is before the court upon the complaint for writ of mandamus filed by relator, Robert Bates, a pro se inmate, against respondents, Ohio Department of Rehabilitation and Corrections (“ODRC”) and ODRC employees, Derek Burkhart, Juan Hernandez and Joshua Solis. Relator seeks documents that he requested in public records requests as well as statutory damages. For the following reason, we dismiss the complaint.  {¶ 2} R.C. 2731.04 provides in pertinent part that an “[a]pplication for the writ of mandamus must be by petition, in the name of the state on the relation of the person applying, and verified by affidavit.” {¶ 3} Upon review, relator has not filed his complaint “in the name of the [S]tate on the relation of the person applying” as required by R.C. 2731.04. See State v. Johnson, 2024-Ohio-1511, ¶ 5 (6th Dist.), quoting Brown v. Sargeant, 2003-Ohio-3839, ¶ 2 (6th Dist.), quoting Maloney v. Court of Common Pleas of Allen Cty., 173 Ohio St. 226, 227 (1962) (“Where the petition presented to this court is not in the name of the [S]tate on the relation of relator-appellant, ‘[t]his deficiency alone is an adequate reason to deny the petition.’”). {¶ 4} Here, because relator fails to follow all of the procedural requirements of R.C. 2731.04, we hereby sua sponte dismiss his complaint. Costs of this action are assessed to relator. Writ dismissed. Christine E. Mayle, J. JUDGE Myron C. Duhart, J. JUDGE Charles E. Sulek, J. CONCUR. JUDGE This decision is subject to further editing by the Supreme Court of Ohio’s Reporter of Decisions. Parties interested in viewing the final reported version are advised to visit the Ohio Supreme Court’s web site at: http://www.supremecourt.ohio.gov/ROD/docs/. 2.