COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 77621 STATE OF OHIO, EX REL. : PETITION FOR WRIT OF KEVIN WAGNER : MANDAMUS : Relator : MOTION NO. 17168 : vs. : JOURNAL ENTRY AND OPINION : OHIO ADULT PAROLE AUTHORITY : : Respondent : : DATE OF JOURNALIZATION : MAY 18, 2000 JUDGMENT : CASE IS TRANSFERRED TO THE TENTH DISTRICT COURT OF APPEALS FOR VENUE. APPEARANCES: For Relator : KEVIN WAGNER, Pro Se No. 375-769 Belmont Correctional Institution P. O. Box 540, St. Rte. 331 St. Clairsville, Ohio 43950-0540 For Respondent : BETTY D. MONTGOMERY, Attorney General ANDREA F. ROCCO, Assistant Corrections Litigation Section 615 West Superior Ave., 12th Floor Cleveland, Ohio 44113-1899 ANN DYKE, A.J.: On February 17, 2000, the relator, Kevin Wagner, commenced this mandamus action against the respondent, the Ohio Adult Parole -2- Authority. Mr. Wagner claims that because this court in State v. Jones (Sept. 2, 1999), Cuyahoga App. No. 74247, unreported, declared R.C. 2967.28, the Post Release Control statute, unconstitutional, this court should issue a mandamus ordering the Adult Parole Authority not to put him on post release control, as it indicated that it would do. On March 20, 2000, the Adult Parole Authority, through the Ohio Attorney General, filed a motion to dismiss. It argued, inter alia, that venue was improper; it is located in Franklin County. Mr. Wagner never filed a response. Because venue is improper in Cuyahoga County, this court transfers this case to the Tenth District Court of Appeals in Franklin County. Civil Rule 3(B)(1),(4) and (6) provide that proper venue lies in the county in which the defendant resides, in which a public officer maintains his or her principal office if suit is brought against the officer in the officer's official capacity, and in which all or part of the claim for relief arose. In State ex rel. Davis v. Ghee (1998), 126 Ohio App.3d 569, 710 N.E.2d 1178, the relator commenced a mandamus action in Mahoning County to force the Adult Parole Authority to hold a revocation hearing. The Court of Appeals ruled that venue was improper in Mahoning County because the claim arose in Franklin County where the Adult Parole Authority conducted its business. The court explicitly rejected the principle that venue was proper where the defendant was sentenced. The court, pursuant to Civil Rule 3(C)(1), transferred the case to the Court of Appeals for Franklin County. See, also, Terrell v. -3- White(1995), 104 Ohio App.3d 789, 663 N.E.2d 397, and Dayton City School District v. Cloud (1971), 26 Ohio Misc. 133, 266 N.E.2d 273, First Paragraph of the Syllabus - Where an action is filed against a state officer in a county other than where he maintains his principal office, contrary to Civil Rule 3(B)(4), the court shall order the transfer of the action to the proper county pursuant to Civil Rule 3(C)(1). Accordingly, the court transfers this case to the Tenth District Court of Appeals where venue is proper. The clerk of this court is directed to forward the file to the Clerk of the Tenth District Court of Appeals for further proceedings according to law. This matter is dismissed from the docket of this court. No costs assessed. TERRENCE O'DONNELL, J., CONCURS. ANN DYKE, ADMINISTRATIVE JUDGE .