State ex rel. Chattams v. Pater

Full title: The STATE ex rel. CHATTAMS, Appellant, v. PATER, Judge, Appellee.

Court: Supreme Court of Ohio.

Date published: Jan 12, 2012

961 N.E.2d 186 (Ohio 2012)

131 Ohio St. 3d 119

2012 Ohio 55

Opinion

No. 2011–1317.

2012-01-12

The STATE ex rel. CHATTAMS, Appellant, v. PATER, Judge, Appellee.

PER CURIAM.

D'Anthony Chattams, pro se.PER CURIAM.

[Ohio St.3d 119] {¶ 1} We affirm the judgment of the court of appeals denying the request of appellant, D'Anthony Chattams, for immediate injunctive relief stopping the further execution of his prison term, in the context of his mandamus case against appellee, Butler County Court of Common Pleas Judge Charles Pater. Courts of appeals lack original jurisdiction in prohibitory injunction. [Ohio St.3d 120] State ex rel. Esarco v. Youngstown City Council, 116 Ohio St.3d 131, 2007-Ohio-5699, 876 N.E.2d 953, ¶ 11. Moreover, habeas corpus, and not mandamus, is the appropriate action to seek release from prison. State ex rel. Briscoe v. Matia, 128 Ohio St.3d 365, 2011-Ohio-760, 944 N.E.2d 667, ¶ 10.

Judgment affirmed.

O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O'DONNELL, LANZINGER, CUPP, and McGEE BROWN, JJ., concur.