State ex rel. Oko v. McDonnell , 2012 Ohio 3698 ( 2012 )

[Cite as State ex rel. Oko v. McDonnell, 2012-Ohio-3698.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 98241
STATE OF OHIO, EX REL., MICHAEL OKO
RELATOR
vs.
NANCY R. MCDONNELL, JUDGE
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 454873
Order No. 457102
RELEASE DATE: August 13, 2012
FOR RELATOR
Michael Oko, pro se
Inmate No. 500-505
Lake Erie Correctional Institution
501 Thompson Road
Conneaut, Ohio 44030
ATTORNEYS FOR RESPONDENT
William D. Mason
Cuyahoga County Prosecutor
James E. Moss
Assistant County Prosecutor
9th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
MARY J. BOYLE, J.:
{¶1} Relator requests that this court compel respondent judge to dispose of his
motion for jail-time credit in State v. Oko, Cuyahoga C.P. No. CR-447702. (Although
Oko avers that the motion was filed on January 20, 2012, the docket reflects that the
motion was filed on March 29, 2012.)
{¶2} Respondent has filed a motion for summary judgment attached to which is a
copy of a journal entry issued by respondent and received for filing by the clerk on April 4,
2012, in which respondent granted relator 134 days jail-time credit. Relator has not
opposed the motion for summary judgment. Respondent argues that this action in
mandamus is, therefore, moot. We agree.
{¶3} Additionally, Oko
failed to file an affidavit containing a description of each civil action or
appeal of a civil action that he had filed in the previous five years in any
state or federal court, in violation of R.C. 2969.25(A). Furthermore, he failed
to include in his affidavit of indigency a statement setting forth the balance
in his inmate account for each of the preceding six months, as certified by
the institutional cashier, in violation of R.C. 2969.25(C).
State ex rel. McGrath v. McDonnell, 126 Ohio St.3d 511, 2010-Ohio-4726, 935 N.E.2d
830, at ¶ 2. Oko’s failure to comply with the requirements of R.C. 2969.25 provides a
basis for dismissal. Id. at ¶ 3.
{¶4} Accordingly, respondent’s motion for summary judgment is granted.
Relator to pay costs. The clerk of court is directed to serve upon the parties notice of this
judgment and its date of entry upon the journal. Civ.R. 58(B).
{¶5} Writ denied.
_________________________________________
MARY J. BOYLE, JUDGE
MELODY J. STEWART, P.J., and
LARRY A. JONES, SR., J., CONCUR