State ex rel. Woodard v. Ambrose , 2013 Ohio 4049 ( 2013 )

[Cite as State ex rel. Woodard v. Ambrose, 2013-Ohio-4049.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 100083
STATE EX REL. RENO WOODARD
RELATOR
vs.
CUYAHOGA COUNTY JUDGE AMBROSE
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 466936
Order No. 467552
RELEASE DATE: September 16, 2013
FOR RELATOR
Reno Woodard, Pro se
Inmate No. 461-073
Grafton Correctional Institution
2500 South Avon Belden Road
Grafton, Ohio 44044
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
BY: James E. Moss
Assistant County Prosecutor
The Justice Center, 9th Floor
1200 Ontario Street
Cleveland, Ohio 44113
LARRY A. JONES, SR., J.:
{¶1} Reno Woodard has filed a complaint for a writ of mandamus. Woodward
seeks an order from this court, which requires Judge Dick Ambrose to conduct a hearing
and render a ruling with regard to a “motion to correct illegal sentence” filed in State v.
Woodard, Cuyahoga C.P. No. CR-100083. For the following reasons, we decline to
issue a writ of mandamus on behalf of Woodard.
{¶2} Initially, we find that Woodard has failed to comply with Loc.App.R.
45(B)(1)(a), which mandates that a complaint for a writ of mandamus must be supported
by a sworn affidavit that specifies the details of his claim for relief. State ex rel. Leon v.
Cuyahoga Cty. Court of Common Pleas, 8th Dist. Cuyahoga No. 92826, 2009-Ohio-1612;
State ex rel. Santos v. McDonnell, 8th Dist. Cuyahoga No. 90659, 2008-Ohio-214; Turner
v. Russo, 8th Dist. Cuyahoga No. 87852, 2006-Ohio-4490; Barry v. Galvin, 8th Dist.
Cuyahoga No. 85990, 2005-Ohio-2324.
{¶3} Woodard has also failed to comply with R.C. 2969.25(C), which requires that
an inmate, who files a complaint against a government entity or government employee,
must support the complaint with a statement that: 1) sets forth the balance in the inmate’s
account for the preceding six months, as certified by the institutional cashier; and 2) a
statement that sets forth all other cash and items of value as owned by the inmate. The
failure of Woodard to comply with R.C. 2969.25(C) warrants dismissal of his complaint
for a writ of mandamus. Martin v. Woods, 121 Ohio St.3d 609, 2009-Ohio-1928, 906
N.E.2d 1113; State ex rel. Marshall v. Cuyahoga Cty. Court of Common Pleas, 8th Dist.
Cuyahoga No. 99114, 2013-Ohio-705; Gaston v. Reid, 8th Dist. Cuyahoga No. 98192,
2012-Ohio-2937.
{¶4} Finally, Woodard’s request for a writ of mandamus is moot. Attached to
Judge Ambrose’s motion for summary judgment is a copy of a journal entry (journalized
on July 8, 2013), that demonstrates that a ruling has been rendered with regard to the
motion to correct illegal sentence. Thus, Woodard is not entitled to a writ of mandamus.
State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278,
1996-Ohio-117, 658 N.E.2d 723; State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5, 450
N.E.2d 1163 (1983). In addition, Woodard has failed to establish that there exists a duty,
on the part of Judge Ambrose, to conduct a hearing with regard to Woodard’s motion to
correct illegal sentence.
{¶5} Accordingly, we grant Judge Ambrose’s motion for summary judgment.
Costs to Judge Ambrose. Costs waived. The court directs the clerk of court to serve all
parties with notice of this judgment and its date of entry upon the journal as required by
Civ.R. 58(B).
{¶6} Writ denied.
LARRY A. JONES, SR., PRESIDING JUDGE
SEAN C. GALLAGHER, J., and
KENNETH A. ROCCO, J., CONCUR