State ex rel. Davis v. Astrab , 2015 Ohio 112 ( 2015 )


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  • [Cite as State ex rel. Davis v. Astrab, 
    2015-Ohio-112
    .]
    Court of Appeals of Ohio
    EIGHTH APPELLATE DISTRICT
    COUNTY OF CUYAHOGA
    JOURNAL ENTRY AND OPINION
    No. 102041
    STATE EX REL., JAMES A. DAVIS, JR.
    RELATOR
    vs.
    MICHAEL ASTRAB, JUDGE
    RESPONDENT
    JUDGMENT:
    WRIT DENIED
    Writ of Mandamus
    Motion No. 479991
    Order No. 481141
    RELEASE DATE: January 9, 2015
    RELATOR
    James A. Davis, Jr., pro se
    Inmate #444-458,
    Grafton Correctional Institution
    2500 South Avon-Belden Road
    Grafton, Ohio 44044
    ATTORNEYS FOR RESPONDENT
    Timothy J. McGinty
    Cuyahoga County Prosecutor
    James E. Moss
    Assistant County Prosecutor
    The Justice Center - 9th Floor
    1200 Ontario Street
    Cleveland, Ohio 44113
    MARY EILEEN KILBANE, J.:
    {¶1}   James A. Davis, Jr. has filed a complaint for a writ of mandamus. Davis seeks an
    order from this court that requires Judge Michael Astrab to render a ruling with regard to a
    “motion to correct illegal void sentence due to plain error pursuant to Crim.R. 52(B)” filed in
    State v. Davis, Cuyahoga C.P. No. CR-02-428529.         Judge Astrab has filed a motion for
    summary judgment, which we grant for the following reasons.
    {¶2}   Attached to Judge Astrab’s motion for summary judgment is a copy of a judgment
    entry, journalized on November 10, 2014, which demonstrates that a ruling has been rendered
    with regard to Davis’s motion for jail-time credit. Thus, the complaint for a writ of mandamus
    is moot. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 
    74 Ohio St.3d 278
    ,
    
    658 N.E.2d 723
     (1996); State ex rel. Gantt v. Coleman, 
    6 Ohio St.3d 5
    , 
    450 N.E.2d 1163
     (1983).
    {¶3}   In addition, Davis’s complaint for a writ of mandamus is defective. Davis’s
    complaint failed to comply with Loc.App.R. 45(B)(1)(a), which requires that his complaint
    contain a sworn affidavit that specifies the details of his claim. A simple statement that the
    affiant has reviewed the complaint and that the contents of the complaint are true and accurate
    does not satisfy the mandatory requirements of Loc.App.R. 45(B)(1)(a). State ex rel. Hopson v.
    Cuyahoga Cty. Court of Common Pleas, 
    135 Ohio St.3d 456
    , 
    2013-Ohio-1911
    , 
    989 N.E.2d 49
    ;
    State ex rel. Leon v. Cuyahoga Cty. Court of Common Pleas, 
    123 Ohio St.3d 124
    ,
    
    2009-Ohio-4688
    , 
    914 N.E.2d 402
    . Davis has also failed to comply with Civ.R. 10(A), which
    mandates that the caption of the complaint include the address of each party. State ex rel. Tate
    v. Callahan, 8th Dist. Cuyahoga No. 85615, 
    2005-Ohio-1202
    .
    {¶4}   Accordingly, we grant Judge Astrab’s motion for summary judgment. Costs to
    Judge Astrab. Costs waived. The court directs the clerk of courts to serve all parties with
    notice of this judgment and the date of entry upon the journal as required by Civ.R. 58(B).
    Writ denied.
    MARY EILEEN KILBANE, JUDGE
    EILEEN A. GALLAGHER, P.J., and
    MARY J. BOYLE, J., CONCUR
    

Document Info

Docket Number: 102041

Citation Numbers: 2015 Ohio 112

Judges: Kilbane

Filed Date: 1/9/2015

Precedential Status: Precedential

Modified Date: 1/15/2015