On Thursday, April 23, 2026, Sascha Kearns filed a petition for a writ of mandamus with the Ohio Supreme Court against Judge Joel Fichter, Magistrate Evan Heck, and the Massillon Municipal Court. Kearns alleges that Fichter and Heck failed to perform their legal duties, leading to an imminent lockout from their residence.
The legal action stems from a dispute over rent payments. Kearns claims to have purchased two money orders totaling $1,670 on December 4, 2025, to cover December and January rent. However, Kearns alleges the landlord falsely testified on January 5th that Kearns had not paid January’s rent. Kearns states that Magistrate Heck refused to review evidence supporting their claim.
Kearns also raises concerns about the handling of an appeal, stating it was denied immediately without review or explanation. A bailiff letter dated April 16, 2026, scheduled a set-out for April 23, 2026, at 10:00 AM, prompting Kearns to file a motion to stay on April 20, 2026, which was subsequently denied the same day.
The petition asserts that the Ohio Supreme Court has original jurisdiction over mandamus actions, citing Article IV, Section 2(B)(1)(b) of the Ohio Constitution. Kearns requests the court to order Magistrate Heck to review the evidence, Judge Fichter to vacate or stay the judgment, and the Massillon Municipal Court to correct the record.
Kearns argues that a lockout is imminent and that an appeal cannot prevent the harm due to timing and immediate denial, making mandamus the only adequate remedy.
A copy of the original filing can be found here.
