Willard E. Bays petitioned for a writ of mandamus ordering Louise W. Gunnoe to destroy all records associated with five case numbers in accordance with Rule 12 of the Magistrate Court Rules for Magistrates in West Virginia, according to a petition filed in Putnam Circuit Court.
Bays also petitions for the court to direct and compel the Magistrate Court clerk to issue a verification of satisfaction indicating that all records associated with the cases have been destroyed in accordance with Rule 12.
Prior to Oct. 22, 2003, warrants were issued against Bays for five counts of worthless checks and he plead guilty to all five counts, according to the suit.
Bays claims the fines, costs, restitution and fees associated with the cases remain unpaid because of his previous incarceration and the exorbitant court costs that are associated with the cases and Gunnoe subsequently advised the Division of Motor Vehicles that he had defaulted on court cost obligations and requested that they issue a suspension of driving privileges.
The plaintiff’s driving privileges were suspended, further hindering his chances of obtaining decent paying employment, according to the suit.
Bays claims despite his effort and his diligent attempts to get Gunnoe to fulfill her statutory duties, she has failed to carry out her duties and destroy the records, thus failing to perform mandated or ministerial duties correctly.
Bays is seeking for the records to be destroyed. He is representing himself.
Putnam Circuit Court case number: 16-C-60