State ex rel. Davis v. Astrab ( 2015 )

[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