State ex rel. McNew v. Ohio Dept. of Rehab. & Corr., 2024 Ohio 141

Michael A. McNew, an inmate at Madison Correctional Institution, sought a writ of mandamus to compel the Ohio Department of Rehabilitation and Correction (ODRC) to provide him with a copy of his Risk Assessment Report and any other relevant, non-confidential documents.
McNew argued that ODRC was required by statute to provide these documents before his parole eligibility in August 2022, which it failed to do.
After McNew filed suit, ODRC asserted it provided the requested report in March 2023 and moved to dismiss the action as moot.
The magistrate recommended dismissal, finding the case moot since ODRC had allegedly performed the requested act.
McNew objected, arguing the court inappropriately relied on unauthenticated evidence outside the complaint and did not address issues capable of repetition or his damages claim.
The appellate court sustained McNew’s objection regarding reliance on external matters, remanding for the motion to dismiss to be converted to summary judgment, allowing for proper briefing and evidence submission.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Consideration of evidence outside complaint	Court can't use unauthenticated docs	ODRC: proof of delivery moots claim	Must convert to summary judgment for proper evidence
Mootness of mandamus claim	Not moot; capable of repetition	Already performed required duty	Not resolved—remanded, mootness not judicially noticeable
Award of costs under R.C. 2731.11	Entitled to costs if successful	Not addressed in detail	Not ruled; mooted by remand

O'Brien v. Univ. Community Tenants Union, Inc., 42 Ohio St.2d 242 (Ohio 1975) (sets standard for dismissal under Civ.R. 12(B)(6))
Martin v. Judges of the Lucas Cty. Court of Common Pleas, 50 Ohio St.3d 71 (Ohio 1990) (mandamus not available where the duty has already been fulfilled)
State ex rel. Breaux v. Court of Common Pleas, 50 Ohio St.2d 164 (Ohio 1977) (reinforces mandamus principles)