Carroll v. Akpore

Inmate filed pro se mandamus petition against warden and director of DOC, alleging they were not in compliance with statutory requirements for sanitary food preparation. Trial court must follow procedural framework in Code of Civil Procedure and mandamus statute, and cannot dismiss sua sponte a petition for mandamus relief, unless relief sought was cognizable in a postconviction petition, even if petitioner did not proceed under Post-Conviction Hearing Act. Relief sought in this mandamus petition was not an issue that could be addressed in a postconviction petition, and thus trial court erred in dismissing petition without allowing it to be served on Defendants. (SCHMIDT and O'BRIEN, concurring.)