[Cite as State ex rel. Byerly v. Frary, 2011-Ohio-197.]

COURT OF APPEALS 

 RICHLAND COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO EX REL CHARLEY 

R. BYERLY 

 Relator 

-vsLINDA H. FRARY 

 

 Respondent 

: JUDGES: 

: Julie A. Edwards, P.J. 

: W. Scott Gwin, J. 

: John W. Wise, J. 

: 

: Case No. 10CA93 

: 

: 

: O P I N I O N

CHARACTER OF PROCEEDING: Writ of Mandamus Complaint 

 

JUDGMENT: Dismissed 

DATE OF JUDGMENT ENTRY: January 19, 2011 

APPEARANCES: 

For Relator For Respondent 

CHARLEY R. BYERLY 

Inmate #551-820 

Richland Correctional Institution 

1001 Olivesburg Road 

P.O. Box 8107 

Mansfield, Ohio 44901-8107 

 
[Cite as State ex rel. Byerly v. Frary, 2011-Ohio-197.]

Edwards, P.J. 

{¶1} Relator, Charley R. Byerly, has filed a Complaint requesting this Court 

issue a writ of mandamus which orders Respondent, Linda Frary, Clerk of the Richland 

County Court of Common Pleas, to stop collecting funds from Relator’s inmate account. 

Further, Relator requests Respondent be ordered to provide Relator with an itemized 

cost bill and subsequent reminders prior to collecting funds from Relator’s inmate 

account. 

{¶2} Respondent has filed a motion to dismiss to which Relator has not 

responded. 

{¶3} In his Complaint, Relator argues Respondent is required to provide an 

itemized cost bill and issue three reminders prior to collecting funds from his inmate 

account. Relator suggests this duty arises from R.C. 2335.19 and R.C. 2335.32. 

Respondent counters these sections do not apply to Relator because he is a convicted 

felon making R.C. 2949.14 and R.C. 2949.15 the applicable statutes governing inmate 

accounts. Respondent further avers a writ would not issue because Relator has or had 

an adequate remedy at law to challenge the seizure of funds from his inmate account. 

{¶4} We find it unnecessary to determine which statute or statutes apply to the 

seizure of Relator’s inmate account because we find Relator has or had an adequate 

remedy at law to challenge any improper seizure of his inmate account by virtue of the 

complaint procedure provided in Ohio Administrative Code 5120-9-31. 

{¶5} For a writ of mandamus to issue, the relator must have a clear legal right 

to the relief prayed for, the respondent must be under a clear legal duty to perform the 

requested act, and relator must have no plain and adequate remedy in the ordinary 
Richland County App. Case No. 10CA93 3 

course of law. State, ex rel. Berger, v. McMonagle (1983), 6 Ohio St.3d 28, 6 OBR 50, 

451 N.E.2d 225. 

{¶6} As we noted in Boylen v. Ohio Dept. of Rehab. And Corr. (2009), 182 Ohio 

App.3d 265, 912 N.E.2d 624, Ohio Adm.Code 5120-9-31 sets forth the administrative 

process that must be followed by an inmate in order to appeal the collection of costs. 

{¶7} Because the Ohio Administrative Code provides an avenue to challenge 

the improper collection of funds from an inmate account, we find this constitutes an 

adequate remedy at law which bars the issuance of a writ of mandamus. For this 

reason, Respondent’s motion to dismiss the complaint is granted, and the instant cause 

of action is dismissed. 

{¶8} CAUSE DISMISSED. 

{¶9} COSTS TO RELATOR. 

{¶10} IT IS SO ORDERED. 

By: Edwards, P.J. 

Gwin, J. and 

Wise, J. concur 

______________________________ 

______________________________ 

______________________________ 

 JUDGES 

JAE/as1029 
[Cite as State ex rel. Byerly v. Frary, 2011-Ohio-197.]

IN THE COURT OF APPEALS FOR RICHLAND COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO EX REL CHARLY : 

R. BYERLY : 

 : 

 Relator : 

 : 

 : 

-vs- : JUDGMENT ENTRY 

 : 

LINDA H. FRARY : 

 : 

 Respondent : CASE NO. 10CA93 

 For the reasons stated in our accompanying Memorandum-Opinion on file, the 

complaint is dismissed. Costs assessed to Relator. 

 _________________________________ 

 _________________________________ 

 _________________________________ 

 JUDGES