State ex rel. Shine v. Ohio Dep't of Rehabilitation & Correction
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The Supreme Court affirmed the judgment of the district court dismissing Appellant's mandamus complaint under Civ.R. 12(B)(6) for failure to state a claim upon which mandamus relief can be granted, holding that the court of appeals did not err or abuse its discretion.
Appellant, an inmate, commenced this mandamus action alleging that the parole board erred in determining the date of his first eligibility for parole. DRC filed a motion to dismiss the complaint for failure to state a claim. The court of appeals granted the motion after noting that the crux of Appellant's argument was that his second parole hearing should take place four years earlier than currently scheduled because his initial parole hearing was four years too late. The Supreme Court affirmed, holding that the court of appeals correctly dismissed Appellant's complaint for failure to state a valid claim for mandamus relief.
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